Sulek, J. The trial court erred by summarily denying appellant's petition for a Certificate of Qualification for Employment under R.C. 2953.25 as untimely without considering the criteria set forth in Adm.Code 5120-15-01.
Decided 2025-08-26
[Cite as McKitrick v. State,
2025-Ohio-3047
.]
IN THE COURT OF APPEALS OF OHIO
SIXTH APPELLATE DISTRICT
SANDUSKY COUNTY
Kyle James McKitrick Court of Appeals No. S-24-030
Appellant Trial Court No. 24CV902
v.
State of Ohio DECISION AND JUDGMENT
Appellee Decided: August 26, 2025
…
Andrew R. Mayle, Richard R. Gilliam,
Benjamin G. Padanilam, and Nicole K. Papageorgiou, for appellant.
Beth Tischler, Sandusky County Prosecuting attorney, for appellee.
…
SULEK, P.J.
{¶ 1} Appellant, Kyle McKitrick, appeals the November 20, 2024 judgment of the
Sandusky County Court of Common Pleas finding premature his petition for a Certificate
of Qualification for Employment (CQE). McKitrick argues that the court failed to
consider R.C. 2953.25(B)(4)(b), which grants authority to the Ohio Department of
Rehabilitation and Corrections (ODRC) to pass rules allowing petitions to be filed before
the statutory waiting period lapses. Because the State concedes error, and upon review
we agree that the trial court erred, the judgment is reversed and the matter remanded for a
full hearing on McKitrick’s petition.
I. Facts
{¶ 2} On September 19, 2024, McKitrick, pro se, filed a petition for a CQE
pursuant to R.C. 2953.25 in order to seek a license with the Ohio Chemical Dependency
Professionals Board to act as a Chemical Dependency Counselor Assistant (CDCA). He
stated that he complied with all the conditions of his five-year community control
supervision and that he successfully completed and was dismissed from probation within
four years.
{¶ 3} On November 18, 2024, the trial court conducted a hearing on the petition.
The State agreed that McKitrick successfully completed probation in August 2024 but
opposed granting the CQE because the statutory waiting period had not lapsed. The court
then denied the petition finding that R.C. 2953.25 requires that a full year pass from the
time of final discharge from community control before CQE eligibility. The court
indicated that the petition could be refiled in August 2025. McKitrick commenced this
appeal.
II. Assignment of Error
The common pleas court abused its discretion by applying the
wrong statutory provision to determine when appellant could first
petition for a certificate of qualification for employment, and by
2.
erroneously dismissing his petition based on that inapplicable legal
standard.
III. Analysis
{¶ 4} McKitrick’s sole assignment of error claims that the trial court erred by
applying the wrong statutory provision when summarily denying his petition for a CQE.
The State concedes error.
{¶ 5} R.C. 2953.25(B)(4)(a)(i) provides:
(4)(a) Except as provided in division (B)(4)(b) of this section, an
individual may file a petition under division (B)(1) or (2) of this section at
any time after the expiration of whichever of the following is applicable:
(i) If the offense that resulted in the collateral sanction from which
the individual seeks relief is a felony, at any time after the expiration of one
year from the date of release of the individual from any period of
incarceration in a state or local correctional facility that was imposed for
that offense and all periods of supervision imposed after release from the
period of incarceration or, if the individual was not incarcerated for that
offense, at any time after the expiration of one year from the date of the
individual's final release from all other sanctions imposed for that offense.
{¶ 6} However, R.C. 2953.25(B)(4)(b) authorizes the ODRC to establish criteria
allowing an individual “to file a petition before the expiration of six months or one year
from the date of final release, whichever is applicable[.]” Such criteria is set forth in
Adm.Code 5120-15-01(C).
{¶ 7} Accordingly, McKitrick is entitled to a full hearing on the petition in
accordance with the applicable statutes and rules and his assignment of error is well-
taken.
3.
IV. Conclusion
{¶ 8} The November 20, 2024 judgment of the Sandusky County Court of
Common Pleas is reversed and the matter is remanded for a hearing on McKitrick’s
petition for a CQE. Pursuant to App.R. 24, the State is ordered to pay the costs of this
appeal.
Judgment reversed
and remanded.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27.
See, also, 6th Dist.Loc.App.R. 4.
Gene A. Zmuda, J.
JUDGE
Charles E. Sulek, P.J.
JUDGE
Scot A. Stevenson, V.J.
CONCUR. JUDGE
Judge, Scot A. Stevenson, Ninth District Court of Appeals, sitting by assignment
of the Chief Justice of the Supreme Court of Ohio.
This decision is subject to further editing by the Supreme Court of
Ohio’s Reporter of Decisions. Parties interested in viewing the final reported
version are advised to visit the Ohio Supreme Court’s web site at:
http://www.supremecourt.ohio.gov/ROD/docs/.
4.
