[Cite as State v. M.G., 2017-Ohio-5750.]

Court of Appeals of Ohio 

EIGHTH APPELLATE DISTRICT 

COUNTY OF CUYAHOGA 

JOURNAL ENTRY AND OPINION 

No. 105192 

STATE OF OHIO 

PLAINTIFF-APPELLEE 

vs. 

M.G.

 DEFENDANT-APPELLANT 

JUDGMENT: 

REVERSED AND REMANDED 

Criminal Appeal from the 

Cuyahoga County Court of Common Pleas 

Case No. CR-03-437810-ZA 

BEFORE: Jones, J., S. Gallagher, P.J., and Laster Mays, J. 

 

RELEASED AND JOURNALIZED: July 6, 2017 
ATTORNEYS FOR APPELLANT 

Mark Stanton 

Cuyahoga County Public Defender 

John T. Martin 

Assistant County Public Defender 

310 Lakeside Avenue, Suite 200 

Cleveland, Ohio 44113 

ATTORNEYS FOR APPELLEE

Michael C. O’Malley 

Cuyahoga County Prosecutor 

BY: Diane Smilanick 

Assistant County Prosecutor 

The Justice Center, 9th Floor 

1200 Ontario Street 

Cleveland, Ohio 44113 

LARRY A. JONES, SR., J.: 
{¶1} Defendant-appellant M.G. appeals the trial court’s denial of his application to seal 

his prior conviction without a hearing. The state, pursuant to Loc.App.R. 16(B), concedes the 

error. We reverse and remand for a hearing on M.G.’s application to seal his prior conviction. 

{¶2} In 2005, M.G. pleaded guilty to receiving stolen property and forgery. He was 

sentenced to one year of community control sanctions. He violated his community control 

sanctions and was subsequently sentenced to six months in prison. In 2015, M.G. filed an 

application to seal his record of conviction. The state opposed the motion. The court denied 

the motion without a hearing. 

{¶3} M.G. appealed and raises one assignment of error for our review in which he argues 

that the trial court erred in denying his motion to seal his record of conviction without first 

holding a hearing. The state filed a notice of conceded error pursuant to Loc.App.R. 16(B)1

and an appellee brief in which the state agrees that the trial court was mandated to hold a hearing 

but argues that M.G. is not eligible to have his record of conviction sealed. 

{¶4} Upon the filing of an application to seal a record of conviction, a trial court is 

required to set a hearing date and notify the prosecutor. R.C. 2953.32(B). A trial court must 

first hold a hearing because evidence is generally required in order to make the several 

determinations under R.C. 2953.32(C)(1)(a) through (e). State v. M.L., 8th Dist. Cuyahoga No. 

105214, 2017-Ohio-2764, ¶ 1, citing State v. M.R., 8th Dist. Cuyahoga No. 104712, 

 

1

Loc.App.R. 16(B) provides: 

Notice of Conceded Error. When a party concedes an error that is dispositive of the entire appeal, the party 

conceding the error shall file a separate notice of conceded error either in lieu of or in addition to their responsive 

brief. Once all briefing is completed, the appeal will be randomly assigned to a merit panel for review. The appeal 

will be considered submitted on the briefs unless the assigned panel sets an oral argument date. 

 

 
2017-Ohio-973, ¶ 10. 

{¶5} In this case, the court summarily denied M.G.’s application without holding a 

hearing. Even if the state is correct that M.G.’s conviction is not eligible to be sealed because 

he does not qualify as an eligible offender as defined by R.C. 2953.31(A), M.G. is still entitled to 

a hearing. 

{¶6} The sole assignment of error is sustained. We vacate the order denying M.G.’s 

application and remand for further proceedings consistent with R.C. 2953.32. 

It is ordered that appellant recover of appellee costs herein taxed. 

The court finds there were reasonable grounds for this appeal. 

It is ordered that a special mandate issue out of this court directing the common pleas 

court to carry this judgment into execution. 

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the 

Rules of Appellate Procedure. 

 

LARRY A. JONES, SR., JUDGE 

SEAN C. GALLAGHER, P.J., and 

ANITA LASTER MAYS, J., CONCUR