CLEVELAND, Ohio — A Cuyahoga County judge exceeded her authority when she required expungement-seekers to pass drug screens, an appellate court ruled Thursday.
The 8th Ohio District Court of Appeals, in a 2-1 decision, wrote that Cuyahoga County Common Pleas Judge Ashley Kilbane should not have required a 35-year-old man to get a drug test before expunging two non-drug-related misdemeanor offenses.
“There is nothing in (the law) that can be construed as conferring authority to a trial court to order applicants to submit to a drug test as a condition for expungement,” the opinion said…