Court of Appeals of Ohio, Eighth District, Cuyahoga
IN RE C.M. A Minor Child
Appeal from the Cuyahoga County Court of Common Pleas
Juvenile Division Case Nos. DL1120031, DL11121856,
DL11118577, DL13118746, and DL12100217
Timothy Young, Ohio Public Defender, and Lauren Hammersmith,
Assistant Ohio Public Defender, for appellant.
Michael C. O'Malley, Cuyahoga County Prosecuting
Attorney, and John F. Hirschauer, Assistant Prosecuting
Attorney, for appellee.
JOURNAL ENTRY AND OPINION
RAYMOND C. HEADEN, JUDGE.
1} Defendant-appellant, CM., appeals from a judgment
of the juvenile court that denied C.M.'s application to
seal his records without holding a hearing after the state
filed an objection to the application. CM. raises the
following assignment of error for our review: "The
juvenile court erred as a matter of law when it denied
C.M.'s sealing application without holding a hearing
after the prosecutor filed an objection to C.M.'s
application, in violation of R.C.
2} After review of the record and relevant case law,
we reverse and remand to the trial court for further
proceedings consistent with this opinion.
and Factual History
This appeal is based upon C.M.'s application to seal his
juvenile records in case numbers DL11118577, DL11120031,
DL11121856, DL12100217, and DL13118746 filed on December 4,
2018. Within the application, CM. requested a hearing
pursuant to R.C. 2151.356 to present additional evidence if
the state opposed sealing his records. The state filed an
objection to C.M.'s application for case number
DL11118577. The state did not oppose C.M.'s application
to seal juvenile records in the other four cases. The
juvenile court denied C.M.'s application without holding
4} CM. now appeals the juvenile court's
5} In his sole assignment of error, CM. argues the
trial court erred when it did not hold a hearing after the
state objected to C.M.'s application to seal his juvenile
6} R.C. 2152.356 authorizes the procedure for
sealing records in a juvenile case. CM. filed his application
in accordance with R.C. 2152.356, specifically under
2152.356(C)(1). When a court considers an application to seal
juvenile records that has been submitted to it pursuant to
2152.356(C)(1), the court will follow the requirements
identified under R.C. 2152.356(C)(2)(a)-(e). R.C.
2152.356(C)(2)(d)(iii) states the court shall hold a hearing
within 30 days after the prosecuting attorney objects to the
sealing of the records:
(iii) If the prosecuting attorney files a response with the
court that indicates that the prosecuting attorney objects to
the sealing of the records, the court shall conduct a hearing
on the motion or application within thirty days after the
court receives the response. The court shall give notice, by
regular mail, of the date, time, and location of the hearing
to the prosecuting attorney and to the person who is the
subject of the records under consideration.
7} This court has held the word "shall" is
mandatory when used in a statute. In re D.R.B., 8th
Dist. Cuyahoga No. 102252, 2015-Ohio-3346. R.C.
2152.356(C)(2)(d)(iii) has been interpreted as requiring a
hearing when the state objects to the sealing of juvenile
records. In re M.C.H., 994 N.E.2d 47,2013-Ohio-2649, ¶ 25 (5th Dist.). Here, the state
objected to ...