from the Franklin County Court of Common Pleas (C.P.C. No.
O'Brien, Prosecuting Attorney, and Barbara A. Farnbacher,
Barbara A. Farnbacher.
1} The Plaintiff-appellant, State of Ohio, appeals a
decision from the Franklin County Court of Common Pleas
granting an application to seal a criminal record.
Defendant-appellee, R.P., has not appeared in the appeal.
Because appellee was not an eligible offender when he filed
his application, we sustain the state's sole assignment
of error and reverse the trial court's decision.
FACTS AND PROCEDURAL HISTORY
2} On November 9, 1988, appellee pled guilty to
attempted receiving stolen property, a felony in the fourth
degree. (See Franklin C. P. No. 88CR-3201A.) This is
the conviction appellee seeks to seal.
3} Appellee was also previously convicted of
burglary, a felony in the second degree, in 1988.
(See Franklin C.P. No. 87CR-3161.)
4} Appellee also has a previous conviction for
menacing, a fourth-degree misdemeanor. (See Franklin
M.C. No. 1994 CRB 014400.)
5} On September 18, 2018, appellee filed an
application to seal his conviction for attempted receiving
stolen property. The state opposed the application, arguing
that appellee's other convictions preclude him from being
eligible to have his record sealed.
6} Appellee's application came before the court
for a hearing on January 10, 2019. The trial court granted
7} The state has appealed the trial ...