In re A.R.H., 2019 Ohio 1325

Appellee A.R.H. pleaded guilty to a first-degree misdemeanor (workers' compensation fraud) on Dec. 19, 2016; the court suspended a 30-day jail term and ordered $5,000 restitution to the Ohio Bureau of Workers' Compensation (BWC). A promissory note for $4,825 was executed in connection with the plea.
The trial court placed A.R.H. on one year of non-reporting probation (community control) and stated probation would terminate upon payment of restitution.
On Dec. 12, 2017 the court issued an entry “Terminating Community Control,” noting compliance except unpaid court costs/fine.
A.R.H. filed an application to seal the misdemeanor conviction on Mar. 7, 2018 (less than one year after the Dec. 12, 2017 termination entry).
The trial court granted the sealing on June 22, 2018, finding the promissory note had liquidated the restitution and sealing would aid employment; the State appealed.

Issue	Plaintiff's Argument (State)	Defendant's Argument (A.R.H.)	Held
Whether trial court had jurisdiction to hear sealing application filed less than one year after final discharge for a misdemeanor	Application premature because A.R.H. had not waited one year after final discharge and had not fully paid restitution	Promissory note constituted full payment/liquidation; earliest final discharge was Dec. 12, 2017	Application was premature; court lacked jurisdiction to entertain it and trial-court sealing order reversed

Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard explained)
State v. Hamilton, 75 Ohio St.3d 636 (1996) (expungement is an act of grace; statutory limits define jurisdiction)
State v. Haney, 70 Ohio App.3d 135 (10th Dist. 1991) (standard for review of sealing decisions)
Morning View Care Ctr.-Fulton v. Ohio Dept. of Job & Family Servs., 158 Ohio App.3d 689 (10th Dist. 2004) (mootness and appellate holdings regarding trial-court orders)