Background

• Brooks sought to seal all official records of his conviction for Impersonating a Police Officer under R.C. 2953.32; the trial court denied.
• Brooks previously was convicted of Speeding and Impersonating a Police Officer after a stop where he falsely claimed to be a police officer and displayed a badge-like ID.
• The trial court found Brooks to be a first-time offender, with no pending criminal proceedings, but concluded he had not proven rehabilitation to the court’s satisfaction.
• The court also concluded the government’s interest in maintaining the records outweighed Brooks’s interest in sealing, but the denial rested on rehabilitation.
• Brooks appealed arguing the court abused its discretion by denying sealing because rehabilitation was proven and/or the public interest did not outweigh sealing.
• The appellate court affirmed, ruling the rehabilitation finding was not against the weight of the evidence or an abuse of discretion, and thus no reversible error.

Issues

Key Cases Cited

• State v. Hilbert, 145 Ohio App.3d 824 (8th Dist. 2001) (rehabilitation burden requires reasons; distinguishable from present case)