Court of Appeals of Ohio, Eighth District, Cuyahoga
IN RE: C.L. A MINOR CHILD [Appeal by the State of Ohio]
opinion at 2017-Ohio-2654.]
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
BEFORE: E.T. Gallagher, J., McCormack, P.J., and Stewart, J.
JOURNAL ENTRY AND OPINION
T. GALLAGHER, J.
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.
After careful review of the record and relevant case law, we
affirm the juvenile court's judgment.
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).
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
The person is not under the jurisdiction of the court
relative to a complaint alleging the person to be a
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 ...