Chad Widener, 42, had been accused of sending thousands of sexually explicit emails and texts and of sexual contact with a 15-year-old female student and indicted on a felony charge of importuning.
In 2009, Widener reached a deal with prosecutors to plead guilty to a misdemeanor and was sentenced to six months in jail, with all but 10 days suspended, had to perform community service, pay a fine and surrender his teacher’s license.
Visiting Judge Norman Smith, retired from Shelby County, told Widener at his sentencing that he “stepped way over the line.”
Widener also resigned as a history teacher at Miami East Junior High School and as the girls varsity basketball coach at Miami East High School. Widener graduated from Miami East and had been employed at his alma mater since 1995.
In April 2013, Widener filed an application to have his conviction sealed in Miami County Common Pleas Court’s Juvenile Division. The trial court granted the seal July 29, 2013. The state opposed the sealing on the grounds it was a first-degree misdemeanor and the victim was a minor, conditions set forth in Ohio law regarding non-sealable convictions.
The trial court agreed with Widener’s attorney that contributing to the delinquency of a minor was not specifically listed in state statutes regarding the sealing of convictions. Visiting Judge William Zimmerman ruled that he relied on “the totality of the circumstances” and that the state’s argument was “flawed.”
Zimmerman ruled that Widener’s interests “outweigh any legitimate governmental need to maintain those records.”
Widener, whose father Ron was a Miami County commissioner when the plea deal was reached, was prosecuted by a visiting prosecutor and the case was handled by a visiting judge after local court officials recused themselves.
Shelby County Prosecutor Tim Sell, whose office handled only the appeal, said: “The appeals court just simply followed the clear wording of the statute that relates to expunging criminal records.”
Widener’s attorney, Jose Lopez, said, “The next step is for me to confer with my client and determine whether we want to pursue it to the Ohio Supreme Court.
About the Author