State v. Campbell

2025 Ohio 5119

Opinion

[Cite as State v. Campbell, 2025-Ohio-5119.]

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

STATE OF OHIO, : APPEAL NO. C-250076 TRIAL NO. B-2202312 Plaintiff-Appellee, :

vs. :

DEARON CAMPBELL, : JUDGMENT ENTRY

Defendant-Appellant. :

This cause was heard upon the appeal, the record, the briefs and arguments. For the reasons set forth in the Opinion filed this date, the judgment of the trial court is affirmed. Further, the court holds that there were reasonable grounds for this appeal, allows no penalty, and orders that costs be taxed under App.R. 24. The court further orders that (1) a copy of this Judgment with a copy of the Opinion attached constitutes the mandate, and (2) the mandate be sent to the trial court for execution under App.R. 27.

To the clerk: Enter upon the journal of the court on 11/12/2025 per order of the court.

By:_______________________ Administrative Judge [Cite as State v. Campbell, 2025-Ohio-5119.]

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

STATE OF OHIO, : APPEAL NO. C-250076 TRIAL NO. B-2202312 Plaintiff-Appellee, :

vs. : OPINION

DEARON CAMPBELL, :

Criminal Appeal From: Hamilton County Court of Common Pleas

Judgment Appealed From Is: Affirmed

Date of Judgment Entry on Appeal: November 12, 2025

Connie M. Pillich, Hamilton County Prosecuting Attorney, and John D. Hill, Jr., Assistant Prosecuting Attorney, for Plaintiff-Appellee,

Raymond T. Faller, Hamilton County Public Defender, and Joshua A. Thompson, Assistant Public Defender, for Defendant-Appellant. [Cite as State v. Campbell, 2025-Ohio-5119.]

ZAYAS, Presiding Judge.

{¶1} Dearon Campbell appeals the denial of his application to expunge his

conviction for unauthorized use of property. In his sole assignment of error, Campbell

argues that the trial court abused its discretion in denying his application. For the

following reasons, we affirm the judgment of the trial court.

Factual Background

{¶2} Dearon Campbell filed an application to expunge a conviction for

“tak[ing] ID of another” that was journalized on May 25, 2023. According to the

application, Campbell sought the expungement for employment, housing, and

educational purposes.

{¶3} The State filed a written objection to Campbell’s request. According to

the State’s objection, Campbell assumed the victim’s identity to obtain employment at

four different places in 2019, earning $33,491 in income. The victim was notified by

the Internal Revenue Service (“IRS”) that he owed approximately $8000 in unpaid

taxes during 2019. Campbell was initially charged with identity fraud, a third-degree

felony, for assuming the identity of victim M.H. Campbell pled guilty to a reduced

charge of unauthorized use of property, a first-degree misdemeanor.

{¶4} The State also asserted that Campbell failed to establish that he was

sufficiently rehabilitated because six months after his 2023 conviction, he was charged

with similar conduct and had two theft-related convictions in less than a year. In

2024, Campbell was charged with a felony theft in Warren County. Campbell pled

guilty to a reduced charge of theft, a first-degree misdemeanor.

{¶5} The State also argued that it had an interest in maintaining the

conviction. Specifically, Campbell’s conduct “evinces a complete disregard for the

rights and property of others, and those who encounter him in the future have a right OHIO FIRST DISTRICT COURT OF APPEALS

to know that he is prone to victimizing others for his own personal enrichment.”

{¶6} At the hearing on the application, the court asked Campbell’s counsel to

provide a background of the case he sought to expunge. Counsel explained that

Campbell used a stolen identity to gain employment. When asked if Campbell used

the stolen identity more than once, counsel responded, “I would assume an ongoing

period of time. I don’t know all the facts. I wasn’t the original attorney.” The court

asked if multiple courtrooms were involved, and counsel stated there was a 2021 case

in front of a different judge. The 2021 case involved the same victim and had been

expunged, so counsel had little knowledge of the facts in that case.

{¶7} Counsel had a copy of the indictment, plea agreement, and judgment

entry from the 2021 case because Campbell had filed a motion to dismiss the

indictment in the 2022 case and had attached copies of the documents to the motion.

The motion to dismiss argued that the 2022 case should be dismissed on double-

jeopardy grounds because the offenses were allied, and Campbell pled guilty in the

2021 case.

{¶8} The 2021 indictment alleged that Campbell had committed identity

fraud on March 11, 2021, by having the personal identifying information of M.H. with

the intent to use the identification as his own. Campbell had pled guilty in the 2021

case to a reduced charge of unauthorized use of property. The sentence did not include

an award of restitution, and the case had been expunged.

{¶9} The appeal before this court involves the 2022 case, where the

indictment and bill of particulars alleged that Campbell used M.H.’s personal

identifying information as his own from January 1, 2019, to December 31, 2019, to

gain employment with five different companies, earning $33,491, causing M.H. to owe

federal taxes in the amount of $8,030.94. Thus, the offenses were committed on

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different dates. The 2021 case involved an offense committed on one discrete date in

2021. The 2022 case charged a continuing course of conduct throughout 2019.

{¶10} Counsel noted that Campbell paid $2,000 in restitution to the victim

but did not know how that amount was calculated and had not reviewed the case file

or read any transcripts from the case.

{¶11} The State expressed several objections to the application during the

hearing. The State spoke with the victim who was adamant that Campbell had

victimized him more than once, and the victim still owed back taxes of $6,000. The

victim “strenuously object[ed] to an expungement for Campbell.” Campbell had

received a generous plea deal where the State reduced the original charge from a felony

of the third degree to a misdemeanor. Additionally, the State challenged Campbell’s

rehabilitation because Campbell was indicted in Warren County for a felony theft in

2024 that was reduced to a misdemeanor theft. Campbell had pled guilty to the

misdemeanor theft in May 2024.

{¶12} The court noted that the State’s objection based on Campbell’s lack of

rehabilitation was a “worthy argument.” When Campbell’s counsel began to address

rehabilitation, the trial court wished to address the victim’s objection and responded,

“Let’s tackle that last issue.” Thus, prior to determining whether Campbell

demonstrated that he was sufficiently rehabilitated and weighing the interests of the

parties, the court addressed the victim’s objection to the expungement.

{¶13} The court asked if Campbell would be willing to pay the victim $6,000

for the unpaid taxes incurred by Campbell’s conduct. The court was concerned

because “the victim is still suffering.” The court further explained that if the victim

were made whole, “that would be a huge consideration of what I decide in this

particular case.”

5 OHIO FIRST DISTRICT COURT OF APPEALS

{¶14} Campbell’s counsel further explained that the State and Campbell “very

likely” negotiated the reduced charge because Campbell provided information about

the person who provided the victim’s personal information to him. Counsel further

noted that Campbell was 30 at the time of the offense and did not completely

understand the significance of his actions because he had only been a citizen for 18

years. After witnessing his parents’ murders in Jamaica, Campbell had come to

America.

{¶15} Campbell had completed two online theft courses on his own initiative,

worked two jobs as a corrections officer and a car wash manager, and had no

additional criminal charges since the Warren County conviction in 2024. Campbell

had also obtained two associate degrees.

{¶16} Campbell informed the court that he had cooperated with the State by

providing the name of the seller of the victim’s information, the names of other

individuals using the victim’s information, and numerous other identifications he had

received from the seller. At that time, the prosecutor and detective determined that

he owed the victim $2,000. Since then, Campbell sought help from his pastor and

requested the expungement to fix his past mistakes.

{¶17} After the State reiterated its objections, the court stated,

All right. Here’s the deal, counsel. Number 1, in regards to the

negotiations, I was not a part of them, that your client had with the State

of Ohio and any other law enforcement and they’re not here today, are

they?

You have not produced whether there was a deal, whether there

was a situation of why the State of Ohio reduced this particular case.

And remember my first question to you: Was $2,000 paid? And why

6 OHIO FIRST DISTRICT COURT OF APPEALS

was the $2,000 paid, and under what circumstances? Neither of those

answers you could give me today.

Second, I have a victim. It is today. It is January of 2025. And

I don’t deal with things that are not presented in front of me, facts and

issues that are not presented in front of me.

But here is what has presented to me: Number 1, I’ve got a victim

who said, “I wasn’t fully reimbursed for what happened. I still have

$6,000 that I still have to pay for the tax that your client, who pled on

this particular case, and was convicted of, I still have $6,000 to pay to

the IRS.”

So unless those issues are, shall I say, made clear and on the

record, the motion for expungement is denied.

...

You know what you have to do. Either produce why the State of

Ohio did what they did or come up with $6,000. One or the other.

{¶18} Ultimately, the court did not address the State’s challenge of Campbell’s

rehabilitation or weigh Campbell’s interest in having the record expunged against the

government’s needs to maintain the record.

{¶19} Campbell now appeals, and in his sole assignment of error, he contends

that the trial court abused its discretion in denying his application for expungement.

Expungement

{¶20} The sealing or expungement of a criminal record is an “act of grace

created by the state.” State v. Hamilton, 75 Ohio St.3d 636, 639 (1996). An appellate

court reviews a trial court’s decision to grant or deny a request to seal records under

an abuse-of-discretion standard. State v. Futrall, 2009-Ohio-5590, ¶ 6-7. “More than

7 OHIO FIRST DISTRICT COURT OF APPEALS

an error in law or judgment, an abuse of discretion implies that the trial court’s

decision is unreasonable, arbitrary, or unconscionable.” State v. N.C., 2024-Ohio-

4739, ¶ 7 (9th Dist.), citing Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).

{¶21} “When applying the abuse of discretion standard, an appellate court

may not substitute its judgment for that of the trial court.” Id. “For a court of appeals

to reach an abuse-of-discretion determination, the trial court’s judgment must be so

profoundly and wholly violative of fact and reason that ‘it evidences not the exercise

of will but perversity of will, not the exercise of judgment but defiance thereof, not the

exercise of reason but rather of passion or bias.’” State v. Weaver, 2022-Ohio-4371, ¶

24, citing State v. Jenkins, 15 Ohio St.3d 164, 222 (1984), quoting Spalding v.

Spalding, 355 Mich. 382, 384-385 (1959).

{¶22} When determining whether to grant an application to seal or expunge a

record, the court employs a two-step analysis. See State v. T.W.C., 2025-Ohio-2890,

¶ 9. “First, the trial court ‘determines whether the offender is an ‘eligible offender,’

including whether the offender has waited the requisite time before filing.’” Id., citing

State v. J.L., 2020-Ohio-3466, ¶ 9 (10th Dist.). Next, the court “weighs a number of

substantive considerations for and against the sealing.” T.W.C. at ¶ 9, citing J.L. at ¶

9.

{¶23} R.C. 2953.32(D)(1) sets forth the statutory considerations the trial court

must consider. Relevant here, the court must do each of the following,

(c) Determine whether the applicant has been rehabilitated to the

satisfaction of the court;

(d) If the prosecutor has filed an objection in accordance with division

(C) of this section, consider the reasons against granting the application

specified by the prosecutor in the objection;

8 OHIO FIRST DISTRICT COURT OF APPEALS

(e) If the victim objected, pursuant to the Ohio Constitution, consider

the reasons against granting the application specified by the victim in

the objection;

(f) Weigh the interests of the applicant in having the records pertaining

to the applicant’s conviction or bail forfeiture sealed or expunged

against the legitimate needs, if any, of the government to maintain those

records;

(g) Consider the oral or written statement of any victim, victim’s

representative, and victim’s attorney, if applicable.

R.C. 2953.32(D)(1)(c), (d), (e), (f) and (g).

{¶24} Here, the parties correctly agreed that Campbell is an eligible offender.

The State argued that Campbell was not sufficiently rehabilitated due to a felony theft

charge in 2024, and that the State’s legitimate reason to maintain the records was that

Campbell’s “conduct evince[d] a complete disregard for the rights and property of

others, those who encounter him in the future have a right to know that he is prone to

victimizing others for his own personal enrichment.”

{¶25} The court acknowledged that the State’s concern regarding Campbell’s

lack of rehabilitation was a “worthy argument.” However, prior to addressing the

rehabilitation and weighing the interests, the court addressed the victim’s objection to

the expungement.

{¶26} The trial court questioned Campbell regarding the victim’s contention

that he had not been fully compensated for the tax liability he incurred by the use of

his identifying information. Although Campbell paid the victim $2,000 in restitution,

the victim still owed $6,000 to the IRS. Prior to expunging the record, the court

sought to understand how and why the victim was not fully compensated for his loss.

9 OHIO FIRST DISTRICT COURT OF APPEALS

{¶27} To that end, Campbell’s counsel represented to the court that the

restitution amount was “very likely” based on plea negotiations with the State.

However, counsel had not reviewed the case file or the transcript of the plea and

sentencing hearing. Admittedly, counsel did not represent Campbell in the previous

proceedings and was not apprised of all of the facts, including the plea negotiations.

{¶28} The court stated that Campbell could either reimburse the victim

$6,000 or explain how and why he only paid $2,000 in restitution. Notably, the trial

court cited no authority that would allow it to impose an additional restitution amount.

It is well-settled that “[a] criminal sentence is final upon issuance of a final order.”

State v. Carlisle, 2011-Ohio-6553, ¶ 11; State v. Raber, 2012-Ohio-5636, paragraph

one of the syllabus (“A trial court lacks authority to reconsider a final judgment in a

criminal case.”); State ex rel. White v. Junkin, 80 Ohio St.3d 335, 338 (1997) (“trial

courts lack authority to reconsider their own valid final judgments in criminal cases”).

Accordingly, the trial court had no statutory authority to simply require Campbell to

pay an additional amount of restitution to the victim. See Raber at paragraph one of

the syllabus; Carlisle at ¶ 1 (a trial court is not empowered to modify a criminal

sentence absent statutory authority).

{¶29} Moreover, R.C. 2953.32 does not authorize a trial court to condition an

expungement on the payment of additional restitution. While it is true that an

applicant who has not paid restitution is ineligible for an expungement, Campbell paid

$2,000 restitution to the victim and had no outstanding restitution balance. See

T.W.C., 2025-Ohio-2890, at ¶ 3 (“restitution must be paid before the offender is

eligible to apply to have the record of his convictions sealed”). Thus, the trial court

would commit error by ordering Campbell to pay additional restitution. See State v.

J.B., 2025-Ohio-3143, ¶ 32 (8th Dist.) (“Since nothing in the expungement and sealing

10 OHIO FIRST DISTRICT COURT OF APPEALS

statutes authorizes the trial court to order an applicant to submit to a drug test upon

filing an application for expungement, let alone establish a broad blanket policy

requiring every applicant to submit to drug testing upon filing an application for

sealing or expungement, we find that the trial court erred in ordering J.B. to do just

that.”).

{¶30} Campbell argues that the court refused to grant the expungement until

he paid the victim $6,000. However, Campbell’s argument does not accurately reflect

the trial court’s instruction. The court did not require Campbell to pay the additional

restitution in order to obtain an expungement. Rather, the court provided an

alternative means to satisfy the court’s consideration of the victim’s objection. The

court sought additional information regarding Campbell’s plea agreement with the

State and the computation of the restitution amount that did not fully compensate the

victim for his losses. Campbell was unable to provide this information and allay the

court’s concern regarding the victim’s objection to the expungement.

{¶31} Campbell’s counsel was uninvolved in the plea negotiations and had not

reviewed Campbell’s file or obtained the transcript of the plea and sentencing hearing.

Although the plea agreement did not mention restitution, the sentencing entry noted

that Campbell had paid $2,000 in restitution to the victim.

{¶32} In determining whether to grant the application to expunge, a trial court

is required to “consider the reasons against granting the application specified by the

victim in the objection” and “the oral or written statement of any victim.” R.C.

2953.32(D)(1)(e) and (g). The victim objected to the expungement because he still

owed $6,000 to the IRS, allegedly due to Campbell’s criminal offense. To that end,

the court was attempting to address the victim’s objection and determine how and why

the restitution amount that Campbell paid to the victim was insufficient to make him

11 OHIO FIRST DISTRICT COURT OF APPEALS

whole. Thus, the trial court did not abuse its discretion in considering the victim’s

objection. See R.C. 2953.32(D)(1)(e).

{¶33} Consequently, Campbell’s argument fails to demonstrate that the trial

court abused its discretion in denying the expungement. Moreover, the trial court

informed Campbell that upon receipt of additional information regarding the plea

agreement and restitution amount, it would consider granting the expungement.

Accordingly, we overrule the assignment of error.

Conclusion

{¶34} Having overruled Campbell’s sole assignment of error, we affirm the

judgment of the trial court.

Judgment affirmed.

NESTOR and MOORE, JJ., concur.