State v. Harden
CourtOhio Court of Appeals
Date FiledSeptember 4, 2026
Docket30790
JudgeTucker
StatusPublished
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Full Opinion
[Cite as State v. Harden, 2026-Ohio-3465.]
IN THE COURT OF APPEALS OF OHIO
SECOND APPELLATE DISTRICT
MONTGOMERY COUNTY
STATE OF OHIO :
: C.A. No. 30790
Appellee :
: Trial Court Case No. 2000 CR 01183
v. :
: (Criminal Appeal from Common Pleas
DORRIAN A. HARDEN : Court)
:
Appellant : FINAL JUDGMENT ENTRY &
: OPINION
...........
Pursuant to the opinion of this court rendered on September 4, 2026, the judgment
of the trial court is affirmed.
Costs to be paid as stated in App.R. 24.
Pursuant to Ohio App.R. 30(A), the clerk of the court of appeals shall immediately
send a copy of the court’s ruling to each party and note that action on the docket.
Additionally, pursuant to App.R. 27, the clerk of the court of appeals shall send a certified
copy of this judgment, which constitutes a mandate, to the clerk of the trial court and note
the service on the appellate docket.
For the court,
MICHAEL L. TUCKER, JUDGE
LEWIS, P.J., and EPLEY, J., concur.
OPINION
MONTGOMERY C.A. No. 30790
DORRIAN A. HARDEN, Appellant, Pro Se
MICHAEL P. ALLEN, Attorney for Appellee
TUCKER, J.
{¶ 1} Dorrian A. Harden appeals pro se from the trial court’s denial of his application
for expungement of record of felony conviction.
{¶ 2} Harden contends the trial court erred in applying the wrong legal standard,
relying on inaccurate or incomplete information, and failing to give him a meaningful
opportunity to be heard.
{¶ 3} For the reasons set forth below, we see no error and affirm the trial court’s denial
of his application.
I. Background
{¶ 4} In 2000, Harden pleaded guilty to attempted possession of cocaine, a third-
degree felony, and carrying a concealed weapon, a fourth-degree felony. He received an
aggregate one-year prison sentence. In March 2023, he filed a pro se application for sealing
of the convictions. Following a March 16, 2023 hearing, the trial court denied the application,
finding him statutorily ineligible based on his criminal history.
{¶ 5} On December 5, 2025, Harden filed a pro se document styled as an application
for expungement of record of felony conviction. Although the caption sought expungement,
the body referred to sealing. The State did not respond. The trial court held a hearing on the
application on February 12, 2026. The only witness was Harden. At the outset of the hearing,
he confirmed that the matter involved expungement. The trial court then explained its belief
that his offenses were ineligible for expungement. It concluded by stating, “And so with that,
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I have to deny your request because I’m statutorily not able to do that.” However, the trial
court also allowed Harden to respond. He told the trial court, “I’ve got court dates for—I got
[a] court date the 24th for Miamisburg and next month for Kentucky.” He added, “I took care
of my Kentucky. You asked me to take care of that. I took care of that.” The following
exchange then occurred:
THE COURT: But because you have a conviction for a felony of the first
degree from 2002, that cannot be expunged. You have the felony conviction
for the felony of the third degree, which also cannot be expunged. And you
did—you know you have the Kentucky cases. But because of that, you are not
eligible because of—
MR. HARDEN: But I did everything. Kentucky is fine, Your Honor.
THE COURT: You may have, but you still have felonies of the first
degree here. So a violation that is a felony of the third degree, which is what
this is here. This possession is a felony of the third degree, and if you have
more than one other conviction of any felony, which you do, or two convictions
of a felony of the third degree, and then you’re not eligible to have it expunged.
And that’s just by statute. Okay? All right. And I know that this was 26 years
ago.
February 12, 2026 Hearing Tr. 3.
{¶ 6} Following the hearing, the trial court filed an order denying Harden’s application
for expungement. In finding his offenses statutorily ineligible, the trial court quoted
R.C. 2953.32(A)(1)(h). Harden timely appealed.
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II. Analysis
{¶ 7} Harden’s sole assignment of error states:
The trial court erred in denying the Appellant’s application for record
sealing by applying an incorrect legal standard, relying on inaccurate or
incomplete information, and failing to provide the Appellant a meaningful
opportunity to be heard.
{¶ 8} Harden first contends the trial court erroneously treated his application as one
seeking expungement when it sought sealing of his convictions. He argues that sealing and
expungement are distinct remedies with different eligibility criteria.
{¶ 9} Upon review, we find this argument to be unpersuasive. Harden’s appellate brief
is accompanied by a combined transcript of the hearings on his first and second applications.
The cover page states that it is a transcription of the first hearing held on March 16, 2023,
and the second hearing held on February 12, 2026. The next page contains an obvious
transcriptionist’s error, stating that the first hearing occurred on March 16, 2026, when in fact
it occurred on March 16, 2023. In claiming that the trial court misconstrued his second
application as one seeking expungement after initially recognizing that it sought sealing,
Harden cites the transcript of the March 16, 2023 hearing addressing his first application,
which did request sealing.
{¶ 10} Harden’s current appeal, however, is from the trial court’s denial of his second
application, which he filed on December 5, 2025. As noted above, he styled that filing as an
application for expungement of record of felony conviction. The body of the application then
inconsistently referenced sealing. But during the February 12, 2026 hearing, Harden
acknowledged that he was before the trial court on a request for expungement. He also did
not object during the hearing when the trial court repeatedly discussed eligibility for
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expungement. Under these circumstances, we see no error in the trial court’s treatment of
Harden’s application as one seeking expungement.
{¶ 11} In any event, the trial court denied his application by finding his offenses
ineligible under R.C. 2953.32(A)(1)(h), which applies equally to sealing and expungement.
The provision excludes from sealing and expungement “[c]onvictions of a felony of the third
degree if the offender has more than one other conviction of any felony or, if the person has
exactly two convictions of a felony of the third degree, has more convictions in total than
those two third degree felony convictions and two misdemeanor convictions.” Because
R.C. 2953.32(A)(1)(h) applies to applications for sealing and expungement, Harden could
not have been prejudiced by the trial court’s treating his application as seeking expungement
even if he intended to obtain sealing.
{¶ 12} Harden next claims the trial court relied on “inaccurate or incomplete”
information about his criminal history, particularly his record in Kentucky. He contends the
trial court did not allow him to clarify that certain Kentucky convictions had been resolved.
He also asserts that the trial court failed to consider or verify the Kentucky information before
ruling. In his reply, Harden claims he possessed documentation establishing the
expungement of certain convictions in Kentucky. He asserts that he was prepared to present
the information but that the trial court did not “request, review, or consider” it.
{¶ 13} We note that Harden has attached to his appellate brief what appears to be an
order from a Kentucky court granting him expungement of certain convictions contingent
upon his subsequent payment of a fee. We cannot consider this document because he failed
to make it part of the record below. State v. Wilson, 2022-Ohio-4185, ¶ 7 (2d Dist.) (“As a
matter of course, we do not consider documents attached to an appellate brief that are not
in the record transferred to us from the trial court.”). Harden admits that he did not even
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present the Kentucky court document to the trial court. But it was his responsibility to do so.
Contrary to Harden’s argument, the trial court did not preclude him from introducing the
document as an exhibit or proffering its contents.
{¶ 14} Finally, Harden contends the trial court denied him a meaningful opportunity
to be heard. Specifically, he claims the trial court did not allow him to present evidence
regarding his rehabilitation, the passage of time, or the hardship caused by his criminal
record. He asserts that the trial court was required to weigh these issues against the
government’s need to maintain a record of his convictions.
{¶ 15} We note, however, that the trial court denied Harden’s application based on a
finding that his offenses were ineligible for expungement under R.C. 2953.32(A)(1)(h), an
issue he does not directly address on appeal. Without a threshold finding of eligibility, the
issues Harden mentions were immaterial. Regardless, the trial court did not prevent him
from presenting any information or evidence. After expressing its belief that his convictions
were not eligible for expungement, the trial court allowed him to respond and say anything
he wanted to persuade it otherwise. We see no denial of his right to be heard. Harden’s
assignment of error is overruled.
III. Conclusion
{¶ 16} Having overruled Harden’s assignment of error, the judgment of the
Montgomery County Common Pleas Court is affirmed.
.............
LEWIS, P.J., and EPLEY, J., concur.
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