Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEYS FOR APPELLANT Mark Stanton Cuyahoga County Public
Defender Paul Kuzmins Assistant Public Defender.
ATTORNEYS FOR APPELLEE Michael O'Malley Cuyahoga County
Prosecutor Diane Smilanick Assistant County Prosecutor.
BEFORE: Boyle, J., Stewart, P.J., and Laster Mays, J.
JOURNAL ENTRY AND OPINION
J. BOYLE, J.
Defendant-appellant, M.H., appeals from a judgment denying
his application to seal his record of conviction. He raises
one assignment of error for our review:
The trial court erred when it denied appellant's
application for an expungement without giving individualized
consideration to appellant's circumstances and his stated
Finding merit to his appeal, we reverse the judgment of the
trial court and remand for the trial court to seal M.H.'s
Procedural History and Factual Background
In May 2005, M.H. pleaded guilty to an amended indictment of
theft in office in violation of R.C. 2921.41, a fourth-degree
felony, and attempted tampering with records in violation of
R.C. 2923.02 and 2913.42, a fourth-degree felony.
According to the presentence investigation report
("PSI"), the charges arose when M.H. was working as
a part-time police officer for Cuyahoga Community College.
M.H. was the "officer on duty" responsible for
collecting parking fees at the District Administration
Building, also known as Gateway Special Events Parking. The
police department for the college discovered that on at least
three occasions in February 2005, M.H. turned in receipts for
and logged less vehicles than were actually parked in the
parking lot, amounting to $660 in losses to the college.
The trial court sentenced M.H. to six months in prison for
theft in office and three years of community control
sanctions for attempted tampering with records to commence
once M.H. was released from prison. The trial court also
advised M.H. that he would be subject to postrelease control
for "the maximum time allowed * * * under R.C.
2967.28." As part of his sentence, M.H. also had to pay
$660 in restitution, a $3, 000 fine, and a supervision fee of
In October 2016, M.H. filed an application to seal his record
of conviction. M.H. also requested that the court hold a
hearing on his application. The court ordered an expungement
investigation report from the Cuyahoga County Probation
Department, and the state opposed his application.
The court held a hearing on M.H.'s application on March
2, 2017, and denied it ...