State v. Douglas, 2014 Ohio 317

In 2003, Douglas was indicted on two counts of sexual battery (felonies of the third degree).
Douglas pled guilty to two counts of assault arising from the same incident (misdemeanors of the first degree) in 2003.
In February 2013, Douglas filed an application to seal the record of conviction under R.C. 2953.32.
The State objected; after a hearing, the trial court entered an order that the application was withdrawn at Douglas's request and fees were to be refunded.
Douglas moved to reconsider and vacate the ruling and grant his expungement; the trial court did not rule on the motion to reconsider.
Douglas appealed from the entry withdrawing the expungement application, arguing the court abused its discretion by basing the denial on the nature of the offense.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether withdrawal of an expungement application is a final appealable order	Douglas argues the court abused its discretion by relying solely on offense nature.	The State contends the entry withdrawn, not denied, so no final denial occurred.	Appeal dismissed as withdrawal constitutes dismissal without prejudice.

State v. Pariag, 137 Ohio St.3d 81 (2013) (expungement is privilege, not right)
State v. Hamilton, 75 Ohio St.3d 636 (1996) (sealing a record is a discretionary act of grace)
State v. Futrall, 123 Ohio St.3d 498 (2009) (expungement requires eligibility; not a right)