State v. G.P.C.

Citations

• 2025 Ohio 5019

Syllabus

Before the trial court, the state asserted the existence of a second conviction in its objection to appellant's application to seal the record pursuant to 2953.32(B)(1)(a); however, before this court, the state conceded it does appear it was mistaken in stating there was a second conviction. The proper remedy at this stage is not to grant the application. However, given that we are unable to discern from the entry or the record whether the trial court considered and gave weight to either the state's assertion of a second conviction or appellant's denial of the second conviction, we find it appropriate to reverse the trial court's judgment denying appellant's application to seal the record and remand this case to the trial court. On remand, the trial court shall consider the information which the state provided to this court in its brief that it does appear the state was mistaken in stating there was a second conviction as well as any other relevant information provided by the state or appellant. On considering the same, the trial court shall determine whether to grant or deny the sealing of record. Judgment reversed and remanded with instructions for further consideration and determination.