State v. Black, 2014 Ohio 4827

Appellee Daniel W. Black was convicted of theft, a fifth-degree felony, on January 27, 2006, with restitution of $1,330 ordered.
Community control was imposed and later terminated on February 11, 2008.
Black filed an Application to Seal the Record on September 25, 2013, under R.C. 2953.32.
An investigator reported that Black still owed $966 in restitution when he filed the application.
The State objected, contending final discharge had not occurred due to unpaid restitution, precluding eligibility.
At a hearing on April 14, 2014, Black acknowledged the remaining restitution; the trial court nonetheless granted the sealing order, later journalized April 16, 2014.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the trial court lack jurisdiction to seal without full restitution?	State: final discharge requires full restitution.	Black: Aguirre I allows sealing upon eligibility; restitution issues not dispositive.	Yes; improper, as final discharge requires full restitution.
Did the trial court abuse discretion by not addressing rehabilitation?	State: court must determine rehabilitation before sealing.	Black: rehabilitation analysis unnecessary where restitution unpaid.	Moot, since judgment reversed on restitution grounds.

State v. Hoover, 2013-Ohio-3337 (10th Dist. 2013) (final discharge requires payment of restitution)
State v. Black, 2012-Ohio-6029 (10th Dist. 2012) (final discharge occurs after restitution is satisfied)
State v. Jordan, 2007-Ohio-6383 (10th Dist. 2007) (not yet eligible when restitution unpaid)
In re White, 165 Ohio App.3d 288 (Ohio App. 2006) (offender not finally discharged if restitution owed)
State v. Aguirre, 2014-Ohio-4603 (Ohio Sup. Ct. 2014) (Aguirre II: final discharge only after restitution fully paid)
State v. Aguirre, 2013-Ohio-768 (10th Dist. 2013) (Aguirre I: liberal reading allowed sealing despite partial restitution)