APPEAL from the Franklin County Court of Common Pleas, Nos.
O'Brien, Prosecuting Attorney, and Valerie B. Swanson,
Valerie B. Swanson.
1} Plaintiff-appellant, the State of Ohio, has filed
an appeal from a judgment of the Franklin County Court of
Common Pleas which granted the application to seal the record
in two cases involving defendant-appellee, J.M.S., case Nos.
15CR-2574 and 15CR-2977. For the following reasons, we
reverse the trial court's judgment.
Facts and Procedural History
2} On May 27, 2015, the Franklin County Grand Jury
indicted appellee in case No. 15CR-2574, charging him with
theft, a felony of the fifth degree. On June 18, 2015, the
Franklin County Grand Jury indicted appellee in case No.
15CR-2977 with another count of theft, a felony of the fifth
degree. The cases were dismissed after appellee completed
intervention in lieu of conviction.
3} On July 23, 2018, appellee filed an application
to seal the record in both case Nos. 15CR-2574 and 15CR-2977.
The state objected to the application arguing that appellee
was ineligible to seal the records because he had a pending
criminal proceeding case in the Franklin County Municipal
Court. In case No. 2017CRB-025468, appellee was convicted of
attempted violation of a protection order and placed on
community control until May 24, 2020.
4} After a hearing, the trial court found that
appellee did not have pending criminal proceedings even
though he was on community control and granted the
application to seal.
Assignments of Error
5} The state filed a timely notice of appeal and
assigns the following assignment of error for our review:
THE TRIAL COURT ERRED WHEN IT GRANTED DEFENDANT'S
APPLICATION FOR SEALING, AS HIS CURRENT STATUS ON COMMUNITY
CONTROL CONSTITUTES A PENDING CRIMINAL ...