State v. Wright
191 Ohio App. 3d 647
| Ohio Ct. App. | 2010Background
- Wright pleaded guilty in 2003 to one count of forgery, a fifth-degree felony, in Putnam County.
- In 2010 Wright filed a pro se expungement request under R.C. 2953.32 to seal the forgery record as a first offender.
- The trial court did not set or hold a hearing on the expungement request and denied it without a hearing.
- The state argued Wright was not a first offender based on the presentence investigation (PSI) showing prior offenses; the court did not expressly address R.C. 2953.32(C) factors in its denial.
- Wright appealed, challenging the court’s failure to conduct a mandated hearing under R.C. 2953.32(B).
- The appellate court reversed, holding that a hearing is mandatory whenever an expungement application is filed, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not holding a hearing on expungement | Wright asserts the hearing is mandatory under R.C. 2953.32(B). | The State contends PSI shows not a first offender, so a hearing was unnecessary. | Hearing mandatory; reversal and remand. |
Key Cases Cited
- State v. Haidet, 2003-Ohio-937 (Ohio App. 3d 2003) (mandates hearing; weighs R.C. 2953.32(C) factors when evaluating first-offender status)
- State v. Williams, 2010-Ohio-5193 (Ohio App. 3d 2010) (dissent citing mandatory hearing requirement under expungement statute)