State v. D.D.G.

Citations

• 2019 Ohio 4982

Syllabus

Application for sealing R.C. 2953.31 R.C. 2953.32 eligible offender hearing harmless error. In the defendant's first lower court case, the trial court properly denied the defendant's application for sealing because he was not an \eligible offender\ under R.C. 2953.31. In the defendant's second lower court case, the trial court's failure to set a hearing date for the defendant's application for sealing was harmless error as the defendant was not an \eligible offender\ under R.C. 2953.31 and the error did not affect the defendant's substantial rights. Contrary to the defendant's assertions, R.C. 2953.32(B) does not require a trial court to hold a hearing on an offender's application for sealing when the offender is not eligible as a matter of law and that ineligibility can be established by proof or documentation included in the record.