[Cite as State v. Glynn, 2016-Ohio-3230.]

IN THE COURT OF APPEALS 

FIRST APPELLATE DISTRICT OF OHIO 

HAMILTON COUNTY, OHIO

STATE OF OHIO, 

Plaintiff-Appellee, 

 vs. 

MICHAEL GLYNN, 

 Defendant-Appellant. 

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 APPEAL NO. C-150474 

 TRIAL NO. C-04CRB-3163 

 

 O P I N I O N.

Criminal Appeal From: Hamilton County Municipal Court 

Judgment Appealed From Is: Reversed and Cause Remanded 

Date of Judgment Entry on Appeal: June 1, 2016 

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Scott M. Heenan,

Assistant Prosecuting Attorney, for Plaintiff-Appellee,

Raymond T. Faller, Hamilton County Public Defender, and Marguerite Slagle, 

Assistant Public Defender, for Defendant-Appellant. 

Please note: this case has been removed from the accelerated calendar. 
OHIO FIRST DISTRICT COURT OF APPEALS 

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FISCHER, Presiding Judge. 

{¶1} Defendant-appellant Michael Glynn appeals the decision of the 

Hamilton County Municipal Court denying his application to seal a criminal 

conviction. Because we determine that the trial court erred as a matter of law in 

denying Glynn’s application by relying on the state’s objection that a sealed 

conviction could not be located by other law-enforcement officials, we must reverse 

the decision of the trial court. 

{¶2} In 2004, Glynn pleaded no contest to violating a domestic-relations 

protective order, a first-degree misdemeanor, after kicking the front door of his exwife’s home, breaking the lock, and twisting his ex-wife’s arm while she held their 

six-month-old baby. In 2015, Glynn moved to seal the record of his conviction, and 

the trial court held a hearing on his motion. At the hearing, the prosecutor objected 

to Glynn’s application, in part, on the grounds that another police department or 

prosecutor would not know to search for the sealed conviction, and that the past 

conviction then could not serve to enhance a future charge. 

{¶3} After a hearing, the trial court denied Glynn’s request to seal his 

conviction based, in part, on the prosecutor’s objection, and this appeal ensued. 

{¶4} In three assignments of error, Glynn challenges the trial court’s denial 

of his application to seal his criminal conviction. In general, we review a trial court’s 

decision regarding a motion to expunge and seal a record for an abuse of discretion. 

State v. Spohr, 1st Dist. Hamilton No. C-110314, 2012-Ohio-556, ¶ 5. But, if the issue 

involves a purely legal question, our standard of review is de novo. Id.

{¶5} An eligible offender may file an application to seal records of a 

criminal conviction under R.C. 2953.32. The statute allows the prosecutor to file 
OHIO FIRST DISTRICT COURT OF APPEALS 

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objections to the application. See R.C. 2953.32(B). In determining whether to grant 

or deny the application, the trial court must then: 

(a) Determine whether the applicant is an eligible offender * * *; 

(b) Determine whether criminal proceedings are pending against the 

applicant; 

(c) [D]etermine whether the applicant has been rehabilitated to the 

satisfaction of the court; 

(d) If the prosecutor has filed an objection * * *, consider the reasons 

against granting the application specified by the prosecutor in the 

objection; 

(e) Weigh the interests of the applicant in having the records 

pertaining to the applicant’s conviction * * * against the legitimate 

needs, if any, of the government to maintain those records. 

See R.C. 2953.32(C)(1). 

{¶6} R.C. 2953.32 specifically allows a law-enforcement officer or 

prosecutor to inspect a sealed record to determine whether that sealed record could 

enhance a charge. See R.C. 2953.32(D)(1). Where a “prime reason for denying 

expungement [is] rooted in a misconception of the law, a court of appeals may 

reverse the trial court’s decision denying expungment.” State v. Greene, 61 Ohio 

St.3d 137, 140, 573 N.E.2d 110 (1991). Because the prosecutor’s objection and the 

trial court’s decision relied on a misconception of law, we must sustain Glynn’s 

assignments of error. The trial court’s decision is reversed and this cause is 

remanded with instructions to the trial court to reconsider Glynn’s application 

pursuant to the law and this opinion. 
OHIO FIRST DISTRICT COURT OF APPEALS 

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Judgment reversed and cause remanded. 

HENDON and STAUTBERG, JJ., concur. 

Please note: 

 The court has recorded its own entry on the date of the release of this opinion.