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State v. Reed11/22/2005
ply for expungement, the matter will be reversed and remanded to complete that determination. Suel; Geiger, supra. However, in this case, it does not matter whether appellee qualified as a first offender because, as a matter of law, the offense involved is not one that is subject to expungement.
{ } Appellee was charged in Count 3 of the indictment with child endangering as a felony of the third degree. R.C. 2919.22. Child endangering may involve a child under the age of 18, or a physically or mentally handicapped child under the age of 21. Count 3 alleged that the victim was less than 18 years of age at the time of the offense. Appellee's guilty plea to Count 3 of the indictment was a judicial admission that he had committed a felony offense and that the victim was under 18 years of age at the time of the offense. See State v. Guyton (1984), 18 Ohio App.3d 101.
{ } R.C. 2953.36(D) bars expungement for a felony offense involving a child under the age of 18. Hence, expungement of appellee's conviction was prohibited by statute and the trial court was without jurisdiction to consider the application. Accordingly, the state's single assignment of error is sustained. The judgment of the trial court is reversed and this matter is remanded with instructions to dismiss the application for expungement for want of jurisdiction.
Judgment reversed and remanded with instructions.
BRYANT and FRENCH, JJ., concur.
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