Cleveland may soon expunge or vacate minor marijuana offenses. Cincinnati is watching

Cincinnati announced in mid-March it will not be able to expunge minor marijuana records any time soon. Officials said a state law local judges deemed applicable stands in the way. But marijuana cases in Cleveland could soon be vacated or expunged. If the state law applies in both places, why the difference between the two cities?

Hamilton County Judge Curt Kissinger says he and other judges recognize the "collateral consequences" of minor marijuana convictions. But he says Ohio Revised Code section 2953.3 isn't on the city's side when it comes to bulk expungements.

Kissinger is on the Criminal and Traffic Committee, one of roughly seven out of 14 municipal court judges on the committee. It met with Cincinnati officials about the issue.

He says the committee explained the code and says a request for expungement or record seal has to be filed by the person convicted of the crime.

"That was the most obvious issue that we identified, is that the city isn't a proper party, the proper applicant, under the statute," he said. "What we advised the city is that this is the initial biggest hurdle that we see."