Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re C.L.

Court of Appeals of Ohio, Eighth District, Cuyahoga

August 17, 2017

IN RE: C.L. A MINOR CHILD [Appeal by the State of Ohio]

         [Vacated opinion at 2017-Ohio-2654.]

         Civil Appeal from the Cuyahoga County Court of Common Pleas Juvenile Division Case No. DL 04106908

          ATTORNEYS FOR APPELLANT Michael C. O'Malley Cuyahoga County Prosecutor BY: Theodore Parran Gregory J. Ochocki Assistant Prosecuting Attorney

          ATTORNEYS FOR APPELLEE Mark Stanton Cuyahoga County Public Defender BY: Cullen Sweeney John T. Martin Assistant Public Defenders

          BEFORE: E.T. Gallagher, J., McCormack, P.J., and Stewart, J.

         ON RECONSIDERATION[1]

          JOURNAL ENTRY AND OPINION

          EILEEN T. GALLAGHER, J.

         {¶1} Plaintiff-appellant, the state of Ohio ("the state"), appeals from the judgment of the Cuyahoga County Court of Common Pleas, Juvenile Division, granting defendant-appellee, C.L.'s ("C.L."), motion to seal his juvenile record. The state raises the following assignment of error for our review:

1. The juvenile court erred in sealing appellee's delinquency adjudication, as Ohio courts are prohibited from granting motions to expunge and seal records of aggravated murder, murder, and rape delinquency.

         {¶2} After careful review of the record and relevant case law, we affirm the juvenile court's judgment.

         I. Procedural History

         {¶3} In July 2004, a complaint was filed in the Cuyahoga County Juvenile Court, alleging that C.L. was delinquent of rape in violation of R.C. 2907.02(A)(1)(b), a felony of the first degree if committed by an adult. In October 2004, C.L. was adjudicated delinquent following a knowing and voluntary admission to the amended offense of attempted rape in violation of R.C. 2923.02 and 2907.02(A)(1)(b).

         {¶4} In March 2016, C.L. filed an application to seal the official records of his juvenile delinquency pursuant to R.C. 2151.356(C)(1)(b)(ii). The state filed a responsive brief, arguing that because C.L. "was found delinquent of attempted rape under R.C. 2907.02, he is statutorily barred from having his delinquency sealed according to R.C. 2151.356(A)." Following a hearing, the juvenile court granted C.L.'s application to seal his juvenile record, stating in pertinent part:

The person was not adjudicated delinquent for committing an act that is a violation of O.R.C. 2903.01, 2903.02, or 2907.02.
The person is not under the jurisdiction of the court relative to a complaint alleging the person to be a delinquent child.
The applicant is eighteen years old or older.
Upon due consideration, the court finds that the person has been rehabilitated to a satisfactory degree. In making the finding that the person has been rehabilitated to a satisfactory degree, the court considered the following: the age of the person; the nature of the case; the cessation or continuation of delinquent, unruly or criminal behavior; the education and employment history of the person; and other circumstances that may ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.