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In re M.C.H.

Court of Appeals of Ohio, Fifth District

June 20, 2013

IN THE MATTER OF: M.C.H.

Appeal from the Fairfield County Court of Common Pleas, Juvenile Division, Case No. 2010-TR-415

For Plaintiff-Appellee, GREG MARX BY: LORI THOMSON

For Defendant-Appellant, SHERRIE HUSTEAD

JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Sheila G. Farmer, J.

OPINION

Gwin, P.J.

{¶1} Appellant M.C.H.[1] a minor, appeals the October 26, 2012 judgment of the Court of Common Pleas, Juvenile Division, Fairfield County, Ohio denying his motion to Seal/Expunge Juvenile Records.

Facts and Procedural History

{¶2} On June 25, 2010 in Case Number 2010-TR-0415 M.C.H. was cited by the Millersport Police Department for Failure to Yield at an intersection while riding his bicycle.[2]

{¶3} On June 28, 2010, a delinquency complaint was filed in case number 2010-DL-280 charging M.C.H. with one count of Assault, in violation of R.C. 2903.13, one count of Sexual Imposition, in violation of R.C. 2907.06, one count of Menacing, in violation of R.C. 2903.22, and one count of Disorderly Conduct, in violation of 2917.11.[3]

{¶4} By Judgment Entry filed July 30, 2010, the trial court granted the state leave to nolle prosequi the traffic case because the parties had reached an agreement and a delinquency case was pending.

{¶5} By Judgment Entry filed November 8, 2010 in the delinquency case, the trial court granted the state's motion to dismiss due to "inability to proceed."

{¶6} On September 27, 2012, M.C.H. filed a "Motion to Seal Juvenile Records, " pursuant to R.C. 2151.356(B)(1)(d) in both the traffic and the delinquency cases.

{¶7} On October 26, 2012, the trial court filed entries in each case denying the motions because M.C.H. "has not shown to be rehabilitated to a satisfactory degree."

Assignments of Error

{¶8} M.C.H. raises one assignment of error,

{¶9} "I. THE JUVENILE COURTS ORDER DENYING THE SEALING/EXPUNGEMENT OF THE JUVENILES DISMISSED DELINQUENCY OFFENSES AND THE NOLLE. PROSEQUI TRAFFIC OFFENSE IS CONTRARY TO THE PLAIN WORDING OF O.R.C. 2151.356(B)(1)(d)."[4]

Analysis

{¶10} No transcript of any court proceedings have been filed in the case at bar. Because the transcript of the proceeds have not been not filed with the trial court or made a part of the record for purposes of appeal, it does not constitute part of the record on appeal. See App.R. 9(A).

"When portions of the transcript necessary for resolution of assigned errors are omitted from the record, the reviewing court has nothing to pass upon and thus, as to the assigned errors, the court has no choice but to presume the validity of the lower court's proceedings, and affirm." Knapp v. Edwards Laboratories, 61 Ohio St.2d 197, 199, 400 N.E.2d 384, 385(1980). If a partial record does not conclusively support ...

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