State v. G.K.

Citations

• 161 N.E.3d 824
• 2020 Ohio 5083

Syllabus

R.C. 2953.31 R.C. 2953.32 R.C. 2953.52 R.C. 2953.61 expungement record sealing partial sealing dismissed indictment eligible offender inherent authority. Defendant-appellant applied to have part of a partially dismissed indictment sealed. Defendant-appellant pled guilty to one charge in the indictment and all other charges against him were nolled. The trial court denied his application under R.C. 2953.61. Denial was reversed and the matter remanded for further consideration. Denial was reversed because R.C. 2953.61 did not preclude the application brought under R.C. 2953.52 where the defendant-appellant's conviction was not exempt from sealing under R.C. 2953.36. Alternatively, appellant's application is entitled to consideration pursuant to the inherent judicial authority set forth in Pepper Pike v. Doe, 66 Ohio St.2d 374, 376, 421 N.E.2d 1303 (1981). On remand, the trial court is to determine whether defendant-appellant's interests in sealing the dismissed charges outweigh the state's interests in maintaining the records. If so, the trial court shall issue an order sealing the dismissed charges pursuant to R.C. 2953.52.