State v. M.D.
2011 Ohio 1804
Ohio Ct. App.2011Background
- Appellant M.D. seeks expungement of four 1998 convictions under R.C. 2953.31–2953.32.
- Tampering-with-evidence conviction vacated on appeal in 2004; other convictions remained.
- July 2, 2008, application to seal records denied; remanded in 2009 to assess first-offender status.
- Trial court in 2010 held appellant not a first offender under R.C. 2953.31(A) and denied sealing.
- Appellant appeals; reviewing court must determine if appellant is a first offender for expungement purposes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MD is a first offender under R.C. 2953.31(A). | State conceded first-offender status at oral hearing. | MD argues first-offender status is a legal question for the court to determine. | MD is a first offender; remand for 2953.32 analysis. |
Key Cases Cited
- State v. Simon, 87 Ohio St.3d 531 (2000) (defines expungement eligibility framework)
- State v. Krantz, 2003-Ohio-4568 (2003) (trial court must apply 2953.32 criteria if a requirement is unmet)
- State v. McGinnis, 90 Ohio App.3d 479 (1993) (first-offender status is a legal question reviewed de novo)