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State of Ohio v. J.K.

November 3, 2011

STATE OF OHIO PLAINTIFF-APPELLANT
v.
J.K. DEFENDANT-APPELLEE



Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-457047A

The opinion of the court was delivered by: Mary J. Boyle, P.J.:

Cite as

State v. J.K.,

JOURNAL ENTRY AND OPINION

JUDGMENT:

AFFIRMED

BEFORE: Boyle, P.J., Jones, J., and Rocco, J.

{¶1} Plaintiff-appellant, state of Ohio, appeals the trial court's judgment sealing the criminal record of defendant-appellee, J.K.*fn1 We affirm.

{¶2} In 2005, J.K. pleaded guilty to attempted arson, a fifth-degree felony, and insurance fraud, a fourth-degree felony. The trial court sentenced him to community control sanctions "with the only condition being one day in county jail with full credit for time served."

{¶3} In January 2011, J.K. filed an application to seal the records of his 2005 criminal convictions, which the state opposed. The trial court subsequently granted the application and ordered that J.K.'s criminal record be sealed. The state now appeals this judgment, raising two assignments of error for our review:

{¶4} "[1.] A trial court errs in ruling on a motion for expungement filed pursuant to R.C. 2953.32 without first holding a hearing.

{¶5} "[2.] A trial court errs in granting a motion to seal the record of conviction when it is without jurisdiction to grant said motion to an applicant who was convicted of a crime of violence, not allowed by R.C. 2953.36."

Failure to Hold a Hearing

{¶6} In its first assignment of error, the state argues that the trial court erred by not holding an oral hearing on J.K.'s application to seal his criminal record. Although the trial court indicates that "this matter came on to be heard upon the application for expungement of the applicant's conviction under R.C. 2953.32," J.K. admits that the trial court did not hold an oral hearing on the matter.

{¶7} R.C. 2953.32(B)(1) states, in pertinent part:

{ΒΆ8} "Upon the filing of an application under this section, the court shall set a date for a hearing and shall notify the prosecutor for the case of the hearing on the application. The prosecutor may object to the granting of the application by filing an objection with the court prior to the date set for the hearing. The prosecutor shall specify ...


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