State v. Coleman

Gorman, Judge.

The state appeals from the judgment of the trial court granting defendantappellee Timothy Coleman’s motion to expunge his 1975 conviction for possession of narcotics for sale. In its sole assignment of error, the state argues that the trial court erred as a matter of law in granting the expungement because Coleman was not a first offender. 1

Under R.C. 2953.32, a “first offender” may apply to the sentencing court for the sealing of the record of his conviction after the expiration of certain time limits. A “first offender” for purposes of R.C. 2953.32 “means anyone who has been…