MOOT 59659822 IN THE COURT OF COMMON PLEAS CUYAMQGA COUNTY, OHIO me Case No: CR-04-454650-C THE STATE OF OHIO : Plaintiff 208 SEP 30 PF 1b | sudge: EILEEN A GALLAGHER MATTHEW J BORGES &- FUERS é Defendant “COURTS INDICT: 2921.02 BRIBERY celta JOURNAL DEFENDANT'S MOTION FOR EXPUNGEMENT OF RECORD IS GRAN DEFENDANT IN COURT WITH COUNSEL JOHN PECA AND PROSECUTOR DIANE SMILANICK, HEARING HELD. MOTION FOR EXPUNGEMENT, FILED 5-11-2009, IS GRANTED. ORDER TO SEAL RECORDS ‘THIS MATTER CAME ON TO BE HEARD UPON THE APPLICATION FOR EXPUNGEMENT FILED AFTER THE FINDING BY A JURY OR COURT THAT THE APPLICANT WAS NOT GUILTY OF AN OFFENSE OR THE DISMISSAL OF A COMPLAINT, INDICTMENT, OR INFORMATION NAMING THE APPLICANT AS A DEFENDANT WAS ENTERED UPON ‘THE MINUTES OF THE COURT OR THE JOURNAL, WHICHEVER ENTRY CAME FIRST TOR FOR THE CASE. THE COURT HAS GIVEN NOTICE TO THE PROS THE COURT HAS CONSIDERED THE EVIDENCE AND THE REASONS AGAINST GRANTING THE APPLICATION SPECIFIED IN THE OBJECTION, IF ANY, FILED BY THE PROSECUTOR, ‘THE COURT DETERMINES THAT THE APPLICANT WAS FOUND NOT GUILTY IN THE CASE OR THE COMPLAINT, INDICTMENT, OR INFORMATION IN THE CASE WAS DISMISSED; THAT NO CRIMINAL PROCEEDINGS ARE PENDING AGAINST THE APPLICANT; AND THAT THE INTEREST OF THE APPLICANT IN HAVING THE RECORDS PERTAINING ‘TO THE CASE SEALED ARE NOT OUTWEIGHED BY ANY LEGITIMATE NEEDS OF THE GOVERNMENT TO MAINTAIN ‘THOSE RECORDS. ‘THEREFORE, IT I$ HEREBY ORDERED THAT ALL OFFICIAL RECORDS PERTAINING TO THIS CASE SHALL BE SEALED AND THAT, EXCEPT AS PROVIDED IN OHIO REVISED CODE SECTION 2953.53, THE PROCEEDINGS IN THIS CASE SHALL BE DEEMED NOT TO HAVE OCCURRED. OURT OF COMMON PLEAS SHALL SERVE CERTIFIED COPIES (QUESTER UPON THE FOLLOWING. IT 1S THEREFORE ORDERED THAT THE CLERK OF OF THIS JOURNAL ENTRY BY CERTIFIED MAIL, RETURM I, THE LAW ENFORCEMENT OFFICIAL IN CHARGE OF THE LAW ENFORCEMENT AGENCY OR ORGANIZATION WHICH CAUSED THE APPLICANT'S ARREST, APPLICANT TO SUBMIT TO THE CLERK OF COURT OF COMMON PLEAS IN WRITING APPLICANT'S BIRTH DATE AND SOCIAL SECURITY NUMBER; 2, THE PROSECUTING ATTORNEY OF CUYAHOGA COUNTY, OHIO; 3, THE BUREAU OF CRIMINAL INVESTIGATION IN THE OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF OHIO, APPLICANT TO SUBMIT TO THE CLERK OF COURT OF COMMON PLEAS IN WRITING APPLICANTS BIRTH DATE AND SOCIAL SECURITY NUMBI 4, THE CUYAHOGA COUNTY SHERIF 5. THE APPLICANT'S ATTORNEY. 6, THE MUNICIPAL COURT THAT ISSUED AN ORDER BINDING THE DEFENDANT OVER TO THE GRAND JURY (UNLESS DEFENDANT DIRECTLY INDICTED BY THE GRAND JURY), DEPARTMENT; AND ITIS FURTHER AND FINALLY ORDERED THAT NONE OF THE FOREGOING PERSONS, AGENCIES, OR EXP 09/29/2009 Page 1 of 2AAA 59659822 ORGANIZATIONS SHALL INSPECT OR USE SAID RECORDS, NOR PERMIT THE INSPECTION OR USE OF SAID RECORDS, EXCEPT IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF Olt10 REVISED CODE SECTIONS 2953.53 AND 2953.54 AS CURRENTLY ENACTED OR AS HEREINAFTER AMENDED. RACE: WHITE; SEX: MALE; DOB: 06/07/1972. ‘THIS ENTRY TAKEN BY JUDGE EILEEN A GALLAGHER, epast0 CPE osc aza0 Date, i EXP 09/29/2009 Page 2 of 2