Ferguson Sues Cleveland Police Department Over Old Arrest Records

Douglas Ferguson and Jose Rivera’s attempt to clear their names from past arrest records has been dismissed by the Ohio Court of Appeals. The two individuals filed a complaint for a writ of mandamus on November 25, 2025, against the City of Cleveland Division of Police (CDP), seeking to have old arrest records closed and sealed. The court, however, found multiple procedural flaws in their filing, leading to its dismissal.

The case began with Ferguson’s arrest in 1988 for domestic violence and Rivera’s arrest in 1995 for an unspecified offense. Neither was charged or prosecuted, yet both faced difficulties purchasing firearms due to these arrests appearing on the National Instant Criminal Background Check System (NICS). Ferguson and Rivera argued that they had a right to have these records removed and sought judicial intervention through a writ of mandamus.

Their complaint was filed without including necessary details such as the address for service on the Ohio Bureau of Criminal Investigation (BCI), which alone warranted dismissal under Civ.R. 10(A). Furthermore, their application did not comply with R.C. 2731.04, which mandates that such actions be brought in the name of the state. These omissions were pivotal in Judge Mary J. Boyle’s decision to dismiss the case.

The court also highlighted that Ferguson and Rivera failed to demonstrate a clear legal right to have their records sealed or that CDP had any duty to perform such acts. The judgment pointed out existing legal remedies available to them through expungement or record sealing statutes under Ohio law (R.C. 2953.32 and R.C. 2953.52) and noted that an appeal process exists within NICS itself.

Ultimately, the court concluded that there were adequate legal remedies available outside of mandamus relief, thus granting CDP’s motion to dismiss the case entirely. The judgment was concurred by Judges Eileen T. Gallagher and Kathleen Ann Keough.

Legal representation for Ferguson and Rivera was provided by Graziana Law, LLC with Mark F. Graziani as counsel, while Mark Griffin led the defense team from the City of Cleveland Division of Police alongside William Menzalora, Michael Pike, and Carolina Lettrich.