STEPHENSON, J.
This is an appeal by the prosecution from a judgment entered by the Chillicothe Municipal Court expunging a prior criminal conviction of defendant-appellee, James A. Herron. The following errors are assigned:
"1. The Appellee is not a first offender.
"2. There was no evidence adduced to show Appellee had been rehabilitated.
"3. There was no evidence adduced to show that the sealing of Appellee's record herein is consistent with...
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