[Cite as State v. A.V. , 2020-Ohio-3519.]
STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF LORAIN )
STATE OF OHIO Appellee

v. A. V. Appellant C.A. No. 19CA011517

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF LORAIN, OHIO CASE No. 05CR069276
DECISION AND JOURNAL ENTRY Dated: June 30, 2020

CARR, Presiding Judge. {¶1} Appellant, A.V., appeals the judgment of the Lorain County Cour t of Common Pleas. This Court reverses and remands.
I. {¶2} In 2005, the Lorain County Grand Jury indicted A.V. on one coun t of attempted unlawful sexual conduct with a minor, one count of importuning, and one count of possession of criminal tools. A.V. ultimately pleaded no contest to the char ges. The trial court found A.V. guilty and imposed a six-month prison sentence as well as a term of po st-release control. The trial court also notified A.V. of his duty to r egister as a sexually orient ed offender under Megan’s Law. {¶3} In 2017, A.V. filed a motion to seal his record of convictions. After conducting a hearing, the trial court denied the motion on the basis that it did not have authority to seal a conviction for attempted unlawfu l sexual conduct with a minor. This Court reversed the trial court’s judgment on the basis th at the trial court erred in con cluding that a conviction for attempted2

unlawful sexual conduct with a minor is excluded from the seali ng statute under R.C. 2953.36(A)(2). State v. A.V. , 9th Dist. Lorain No. 17CA011138, 2018-Ohio-785, ¶ 16. {¶4} On remand, the trial court held another hearing where both part ies presented oral arguments. On March 29, 2018, the trial court issued a journal entry denying the motion. This Court affirmed the trial court’s judgment on the basis that A.V . failed to present evidence in support of his motion at the hearing. State v. A.V. , 9th Dist. Lorain No. 18CA011315, 2019-Ohio1037, ¶ 17. {¶5} On May 9, 2019, A.V. filed another motion to seal the record of his convictions, along with numerous exhibits in support thereof. The trial cou rt issued a journal entry denying the motion the following day. {¶6} A.V. filed a timely notice of appeal. Now before this Court, A .V. raises one assignment of error.
II. ASSIGNMENT OF ERROR
THE TRIAL COURT ABUSED ITS DISCRETION IN DENYING APPELLANT’S MOTION TO SEAL HIS CONVICTION[S] FOR ATTEMPTED UNLAWFUL SEXUAL CONDUCT WITH A MINOR[,] [R.C.] []2923.02(A)/[]2907.04(A), IMPORTUNING[,] AND POSSESSION OF CRIMINAL TOOLS. {¶7} In his sole assignment of error, A.V. contends that the trial c ourt failed to adequately consider his motion when it denied the motion prior to setting the matter for a hearing. This Court agrees. {¶8} “Depending on the dispute in question, this Court will apply ei ther a de novo standard of review or an abuse of discretion standard of review in appeals from the denial of an application to seal a record of conviction.” State v. Calderon , 9th Dist. Medina No. 09CA0088-3 M, 2010-Ohio-2807, ¶ 6. “If the matter in dispute concerns the court’s discretion, such as its conclusion that the evidence doe s not weigh in favor of expunge ment, then an abuse of discretion standard applies.” Id . When a case turns upon the inter pretation of the sealing sta tutes, however, this Court employs a de novo standard of review. Stow v. S.B. , 9th Dist. Summit No. 27429, 2015- Ohio-4473, ¶ 6. {¶9} Under R.C. 2953.32(A)(1), “an eligible offender may apply to th e sentencing court * * * for the sealing of the record of the case that pertains t o the conviction.” R.C. 2953.32(B) provides that “[u]pon the filing of an application under this s ection, the court shall set aside a date for a hearing and shall notify the prosecutor for the case of t he hearing on the application.” This Court has held that when an eli gible offender files a motion to seal a record, the trial court should not dispose of the motion without setting the matter for a hear ing. See State v. J.B. , 9th Dist. Summit No. 29286, 2019-Ohio-4659, ¶ 12. T he primary purpose of a sealing hearing is to gather information. Id

. {¶10} In this case, the State has conceded that the trial court faile d to comply with the requirements of R.C. 2953.32(B). T he Supreme Court of Ohio has noted that “[s]etting a date implies that sealing will be considered in the future.” State ex rel. Cincinnati Enquirer v. Lyons , 140 Ohio St.3d 7, 2014-Ohio-2354, ¶ 27. Here, the trial court issued a one-sentence journal entry denying A.V.’s motion the day after it was filed. Under these circumstances, the trial court was not able to gather information prior to ruling on the motion as required by R.C. 2953.32(B). A.V.’s assignment of error is sustained to the extent that the trial c ourt failed to comply with R.C. 2953.32(B). In reaching this conclusion, this Court takes no p osition as to the merits of A.V.’s motion. {¶11} The assignment of error is sustained.4

III. {¶12} A.V.’s sole assignment of error is sustained. The judgment of the Lorain County Court of Common Pleas is reversed, and the cause is remanded fo r further proceedings consistent with this decision. Judgment reversed, and cause remanded.

There were reasonable grounds for this appeal. We order that a special mandate issue out of this Court, direc ting the Court of Common Pleas, County of Lorain, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitu te the mandate, pursuant to Ap p.R. 27. Immediately upon the filing hereof , this document shall consti tute the journal entry of judgment, and it shall be file s tamped by the Clerk of the Cour t of Appeals at which time the period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the parties and to m ake a notation of the mailing in the docket, pursuant to App.R. 30. Costs taxed to Appellee.

DONNA J. CARR FOR THE COURT

HENSAL, J. SCHAFER, J. CONCUR.5

APPEARANCES: KENNETH M. LIEUX, Attorney at Law, for Appellant. DENNIS P. WILL, Prosecuting Attorney, and BRIAN P. MURPHY, Assi stant Prosecuting Attorney, for Appellee.