FIRST DISTRICT

COURT OF APPEALS

        

THESE SUMMARIES ARE NEITHER APPROVED IN ADVANCE NOR ENDORSED BY THE COURT.  THEY ARE NOT HEADNOTES OR SYLLABI.  INTERESTED PARTIES SHOULD OBTAIN COPIES OF THE ACTUAL DECISIONS FROM THE CLERK OF THE COURT OF APPEALS.

 

DATE: Friday, November 14, 2025

CAPTION: STATE V. N.S.

APPEAL NO.: C-250059 

TRIAL NOS.: 21/CRB/12607/A, 21/CRB/12607/B

KEY WORDS: RECORD SEALING — EXPUNGEMENT — R.C. 2953.32

SUMMARY: Where the trial court concluded that all the factors under R.C. 2953.32(C) were met in support of granting defendant’s applications for record sealing and where the same factors apply when determining whether to grant defendant’s applications for expungement, the trial abused its discretion by denying defendant’s applications for expungement. [See CONCURRENCE: Where an applicant contemporaneously requests to seal and expunge a record of conviction, a trial court is not required to grant both, however, where the record supports both sealing and expungement, a trial court abuses its discretion in denying an expungement over sealing.] 

JUDGMENTS: AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED

JUDGES: OPINION by MOORE, J.; CROUSE, J., CONCURS and ZAYAS, P.J., CONCURS IN PART AND CONCURS IN JUDGMENT.