DocketNumber: No. 07AP-102.
Citation Numbers: 2007 Ohio 6775
Judges: DESHLER, J.
Filed Date: 12/18/2007
Status: Precedential
Modified Date: 7/6/2016
{¶ 2} Defendant-appellee, Henry Creske, was indicted by the Franklin County Grand Jury on one count of aggravated burglary, a first degree felony. Defendant later pled guilty to aggravated menacing, a first degree misdemeanor.
{¶ 3} On September 19, 2006, defendant filed an application seeking to seal his record of conviction under R.C.
{¶ 4} The state of Ohio filed a timely notice of appeal from that judgment. The appeal presents a single assignment of error that reads as follows:
ASSIGNMENT OF ERROR
THE TRIAL COURT ERRED WHEN IT GRANTED DEFENDANT'S APPLICATION TO SEAL THE RECORD OF HIS CRIMINAL CONVICTION AS R.C.
2953.36 (C) BARS SEALING THE RECORD OF AN OFFENSE OF VIOLENCE. * * *
{¶ 5} "[E]xpungement is an act of grace created by the state," and so is a privilege and not a right. State v. Hamilton (1996),
{¶ 6} At issue here is R.C.
*Page 3Sections
2953.31 to2953.35 of the Revised Code do not apply to any of the following:
(C) convictions of an offense of violence when the offense is a misdemeanor of the first degree[.] * * *
{¶ 7} Defendant was originally charged with aggravated burglary, a first degree felony. Defendant later pled guilty to aggravated menacing, in violation of R.C.
{¶ 8} R.C.
(A) As used in the Revised Code:
(9) "Offense of violence" means any of the following:
(a) A violation of section * * *
2903.21 [.] * * *
{¶ 9} Applying the above provisions, it is evident that, under the plain language of R.C.
{¶ 10} Accordingly, the state of Ohio's assignment of error is sustained and the judgment of the Franklin County Court of Common Pleas is reversed and remanded with instructions to enter judgment denying defendant's application for expungement.
Judgment reversed and remanded with instructions.
SADLER, P.J., and TYACK, J., concur.
*Page 1DESHLER, J., retired of the Tenth Appellate District, assigned to active duty under authority of Section
6 (C), ArticleIV , Ohio Constitution