COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 79669
STATE OF OHIO,                :         ACCELERATED
                              :
          Plaintiff-Appellant :
                              :        JOURNAL ENTRY
     vs.                      :              AND
                              :            OPINION
DORIS WALLACE,                :
                              :
          Defendant-Appellee  :
DATE OF ANNOUNCEMENT
OF DECISION                   :    DECEMBER 6, 2001
CHARACTER OF PROCEEDING:      :    Criminal appeal from
                              :    Common Pleas Court
                              :    Case No. CR-199579
JUDGMENT                      :    VACATED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For plaintiff-appellant:      William D. Mason, Esq.
                              Cuyahoga County Prosecutor
                              BY: Diane Smilanick, Esq.
                              Assistant County Prosecutor
                              The Justice Center   8th Floor
                              1200 Ontario Street
                              Cleveland, Ohio  44113
For defendant-appellee:       Irl D. Rubin, Esq.
                              35401 Euclid Avenue, Suite 101
                              Cleveland, Ohio  44094
                               -2-
MICHAEL J. CORRIGAN, P.J.:
     This case  came to be  heard upon  the accelerated  calendar
pursuant to  App.R. 11.1  and Loc.R.  11.1, the  record from  the
Cuyahoga County Court of Common Pleas and the briefs of counsel.
     The court  sealed  the record  of defendant  Doris  Walker's
conviction, even though she admittedly had not paid restitution as
ordered when sentenced.  The court sealed the record of conviction
anyway, finding it an open issue whether the court could enforce a
restitution order after an offender had been discharged.
     The court  erred by sealing the  record of conviction.   Our
cases  have  uniformly  held that  an  offender  is  not  finally
discharged for purposes of R.C. 2953.32(A)(1) until all fines  or
restitution have been paid.   See State v. Wainwright (1991),  75
Ohio App.3d 793, 600 N.E.2d 831; State v. Pettis, 133 Ohio App.3d
618,  729 N.E.2d 449  (1999); State v.  McKenney (May 31,  2001),
Cuyahoga App. No. 79033,  unreported.  As defendant had not  paid
restitution, she was  not finally discharged as required by  R.C.
2953.32(A)(1). A final discharge  for purposes of having a record
of conviction sealed  is a different  matter than being  paroled.
Hence, the court's misgivings about whether the Ohio Adult Parole
Authority has  the sole authority  to enforce restitution  orders
after discharge  from prison  are  simply not  an issue  for  our
purposes here.  The assigned error is sustained.
     Expungement vacated.
                               -3-
     This cause is vacated  for proceedings consistent with  this
opinion.
     It is, therefore, considered that said appellant recover  of
said appellee its costs herein.
     It is ordered that a special mandate be sent to said court to
carry this judgment into execution.
     A certified copy of this entry shall constitute the  mandate
pursuant to Rule 27 of the Rules of Appellate Procedure.
                                        MICHAEL J. CORRIGAN
                                          PRESIDING JUDGE
PATRICIA A. BLACKMON, J., and
ANNE L. KILBANE, J., CONCUR.
N.B.  This entry is an announcement of the court's decision.  See
App.R. 22(B), 22(D) and 26(A); Loc.App.R. 22.  This decision will
be journalized and will become the judgment and order of the court
pursuant to App.R.22(E) unless a motion for reconsideration  with
supporting brief, per App.R. 26(A), is filed within ten (10) days
of the announcement of the court's decision.  The time period for
review by the Supreme Court of  Ohio shall begin to run upon  the
journalization of  this court's announcement  of decision by  the
clerk  per App.R.  22(E).   See, also,  S.Ct.Prac.R. II,  Section
2(A)(1).
 
.