State v. Hamilton

The narrow question properly certified to this court involves the statutory interpretation of R.C. 2953.32(B). In the present case, because there was no written objection filed by the prosecutor with the court prior to the hearing, Hamilton argues that it was error for the trial court to consider the facts elicited and arguments presented by the prosecutor at the hearing. To the contrary, we adjudge that R.C. 2953.32(B) does not require the filing of a written objection as a prerequisite to a prosecutor’s participation in the expungement hearing. Rather, as an alternative to appearing at the…