State v. Bissantz

The court of appeals premised its dismissal upon R.C. 2945.67,3 determining that the state may not directly appeal an entry of *121expungement. We hold that R.C. 2945.67 is inapplicable to the state’s right of direct appeal in expungement cases for the reason that expungement under R.C. 2953.32 is a postconviction relief proceeding, remedial in nature, and is governed by the Ohio Rules of Appellate Procedure as applicable to civil actions.

Our holding follows paragraph two of the syllabus in State v. Nichols (1984), 11 Ohio St. 3d 40, 11 OBR 188, 463 N.E. 2d 375, wherein this court ruled that…