State v. Niesen-Pennycuff
Annotate this CaseAppellant was indicted on twelve counts of deception to obtain a dangerous drug. Appellant moved for intervention in lieu of conviction (ILC). The trial court ordered an intervention plan, and Appellant pled guilty to the charges, pending successful completion of her intervention program. After Appellant successfully completed the intervention program, the trial court dismissed the twelve pending charges against her. Appellant then filed an application for sealing of her record after dismissal of the proceedings. The trial court denied Appellant's application. The court of appeals affirmed. The Supreme Court reversed, holding 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 Ohio Rev. Code 2953.52(A)(1) or to impose the waiting period set forth in Ohio Rev. Code 2953.23(A)(1).
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