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State v. Boss

Court of Appeals of Ohio, Fifth District, Ashland

June 27, 2019

STATE OF OHIO Plaintiff-Appellee
v.
JORDAN BOSS Defendant-Appellant

          Appeal from the Municipal Court, Case No. 16CRB00407

          For Plaintiff-Appellee ANDREW N. BUSH.

          For Defendant-Appellant JOSEPH P. KEARNS, JR.

          JUDGES: Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, Earle, J.

         {¶ 1} Defendant-Appellant, Jordan Boss, appeals the October 19, 2018 judgment entry of the Municipal Court of Ashland County, Ohio denying his motion to seal his record. Plaintiff-Appellee is state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} On June 16, 2016, appellant was convicted of one count of domestic violence in violation of R.C. 2919.25(C), a fourth degree misdemeanor. He was sentenced to thirty days in jail with twenty days suspended, and was placed on probation for one year. He completed his probation on June 1, 2017.

         {¶ 3} On August 20, 2018, appellant filed a motion for the expungement and sealing of records. A hearing was held on September 10, 2018. By judgment entry filed October 19, 2018, the trial court denied the motion.

         {¶ 4} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:

         I

         {¶ 5} "THE TRIAL COURT ABUSED ITS DISCRETION IN DENYING THE APPELLANT IN HIS APPLICATION TO SEAL THE RECORD."

         I

         {¶ 6} In his sole assignment of error, appellant claims the trial court erred in denying his motion ...


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