Two-minute "hearing" was too short

November 8, 2011

Ohio Revised Code Section 2953.52 "requires a trial court to hold a hearing before deciding an application for sealing a criminal record." A Franklin County trial judge held a two-minute hearing in which the trial judge listened to himself talk and listened to the prosecutor talk before denying the defendant's application. The Tenth District Court of Appeals reversed the judgment of the trial court and remanded the case "with instructions to conduct a hearing as required by R.C. 2953.52, weigh the interests of the parties, make the necessary findings, and express those findings on the record in some manner." Read the decision in State v. Esson, 2011-Ohio-5770, here.


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