When Drug Charge Dismissed After Intervention Program, Does Law Require Waiting Period Before Record May Be Sealed?

State of Ohio v. Regina Niesen-Pennycuff, Case no. 2011-1070

12th District Court of Appeals (Warren County)

ISSUE: Under Ohio's "Intervention in Lieu of Conviction" (ILC) statute, when a trial court has dismissed charges that were pending against a defendant without a conviction based on her successful completion of an alcohol or drug intervention program and a specified period of sobriety, may the defendant apply for immediate sealing of the case record, or is the court required to observe a waiting period before entertaining a motion to seal the record pursuant to the laws applicable to expungement of a criminal conviction?