State v. Taylor, 2012 Ohio 1365

In January 2000, Taylor was convicted of possession of illegal drug paraphernalia under R.C. 2925.14.
In January 2011, Taylor applied to expunge his criminal record under R.C. 2953.32.
Probation reports indicated Taylor was not a first offender due to a 1983 conviction for leaving the scene of an accident.
Taylor argued the 1983 records were insufficient to prove he was the same Timothy M. Taylor or that the plea was invalid for lack of counsel.
At the expungement hearing, the court questioned whether the 1983 conviction applied to him and Taylor declined to present further evidence.
The trial court denied the expungement, and Taylor appealed challenging his eligibility as a first offender.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is Taylor a first offender for expungement purposes?	Taylor contends the 1983 conviction is not conclusively tied to him.	Taylor argues lack of conclusive proof of the prior conviction precludes first-offender status.	No; court properly found a prior conviction, denying expungement.
Did the court properly rely on probation records to determine eligibility?	Hamilton should rely on records to determine first-offender status.	Court’s investigation supported by probation report shows prior conviction.	Yes; probation report supported the court’s determination.
Was the 1983 conviction void for lack of counsel, affecting expungement eligibility?	Taylor argues the 1983 uncounseled plea invalidates the conviction.	Record does not support voidness; no merit.	No merit; argument lacks support in the record.

State v. Coleman, 117 Ohio App.3d 726 (1st Dist.1997) (expungement requires first-offender status and jurisdictional limits)
State v. Hamilton, 75 Ohio St.3d 636 (1996) (expungement procedures and rehabilitation considerations)
State v. Patterson, 128 Ohio App.3d 174 (1st Dist.1998) (first-offender determination often factual)