State v. Niesen-Pennycuff

{¶ 1} Today we are called upon to interpret R.C. 2951.041(E), a provision of the statute governing intervention in lieu of conviction (“ILC”). Specifically, we are asked to establish the scope of a trial court’s discretion to seal the record of a defendant who has successfully completed the ILC program. For the reasons that follow, we hold that a trial court has discretion to determine that successful completion of the ILC program entitles the defendant to immediate sealing of his or,her record under R.C. 2953.52(A)(1) or to impose the waiting period set forth in R.C. 2953.32(A)(1).…