Appeal
from Covington Circuit Court (CC-18-215; CC-18-216;
CC-18-217; CC-18-218; CC-18-219, CC-18-78; CC-18-79;
CC-18-80, CC-18-73 and CC-18-74, CC-18-282 and CC-18-283,
CC-18-280 and CC-18-281, CC-18-284; CC-18-285; CC-18-286).
PETITION FOR WRIT OF CERTIORARI
McCOOL, Judge.
In six
separate petitions, Drew James Steinberg, Carl Edward Romero,
Samuel A. Maloney, Whalen Reid Merrill, Ryan Thomas Pickel,
and Luke Patrick Valle each seek certiorari review of the
Covington Circuit Court's denial of their petitions for
expungement. The circuit court's orders denying the
petitions for expungement are identical, and the arguments in
each certiorari petition are identical. Thus, we address all
six cases in this single opinion. Based on the following,
this Court grants all six certiorari petitions and issues the
writs.
Facts
and Procedural History
The
following facts are set forth in the certiorari petitions.
A.
Facts Underlying Appeal No. CR-17-1157
On
March 14, 2015, Steinberg and four other college students
from Indiana University were traveling through Covington
County on their way to Florida when they were stopped for
speeding. Following a search of their vehicle, Steinberg and
the others were charged with one felony --possession of
hashish -- and four misdemeanors -- possession of drug
paraphernalia, second-degree possession of marijuana, illegal
possession of alcohol, and being a minor in possession of
alcohol. Following completion of a pretrial diversion
program, the charges were dismissed with prejudice.
Steinberg
filed a petition for expungement for each of the five
charges. The prosecuting authority did not file an objection
to the petition. On July 19, 2018, the circuit court denied
the petition without conducting a hearing.
B.
Facts Underlying Appeal No. CR-17-1159
On
March 12, 2016, Romero, a 21-year-old college student from
the University of South Carolina, was traveling through
Covington County on his way to Florida when he was stopped
for speeding. Following a search of his vehicle, Romero was
charged with second-degree possession of marijuana,
possession of drug paraphernalia, and possession of untaxed
alcohol. Following completion of a pretrial diversion
program, the charges were dismissed with prejudice.
Romero
filed a petition for expungement as to all three charges. The
prosecuting authority did not file an objection to the
petition. On July 19, 2018, the circuit court denied the
petition without conducting a hearing.
C.
Facts Underlying Appeal No. CR-17-1160
On May
5, 2016, Maloney, a 21-year-old college student, was
traveling through Covington County to Florida at night when
he was stopped for failing to dim his headlights. Following a
search of his vehicle, Maloney was charged with second-degree
possession of marijuana and possession of drug paraphernalia.
Following completion of a pretrial diversion program, the
charges were dismissed with prejudice.
Maloney
filed a petition for expungement as to both charges. The
prosecuting authority did not file an objection to the
petition. On July 19, 2018, the circuit court denied the
petition without conducting a hearing.
D.
Facts Underlying Appeal No. CR-17-1181
On
March 17, 2017, Merrill, a 19-year-old traveling through
Covington County on his way to Florida, was stopped at a
driver's license checkpoint. An officer asked Merrill if
there was anything illegal in the vehicle. Merrill admitted
that there was marijuana in the vehicle and handed the
marijuana to the officer. Merrill was charged with
second-degree possession of marijuana and possession of drug
paraphernalia. Following completion of a pretrial diversion
program, the charges were dismissed with prejudice.
Merrill
filed a petition for expungement as to both charges. The
prosecuting authority did not file an objection to the
petition. On July 31, 2018, the circuit court denied the
petition without conducting a hearing.
E.
Facts Underlying Appeal No. CR-17-1182
On
September 5, 2016, Pickel, a 35-year-old IT consultant from
Ohio, was traveling through Covington County when he was
stopped for speeding. Following a search of his vehicle,
Pickel was charged with second-degree possession of marijuana
and possession of drug paraphernalia. Following completion of
a pretrial diversion program, the charges were nolle prossed.
Pickel
filed a petition for expungement as to both charges. The
prosecuting authority did not file an objection to the
petition. On July 31, 2018, the circuit court ...