Class B Misdemeanors in Ohio

Under Ohio law, misdemeanors are crimes punishable by up to 1 year imprisonment, with fines, or both. The state considers these offenses less serious than felonies, but they also have severe consequences under the criminal justice system.

Instead of letters, Ohio uses the degree-based system to categorize misdemeanors based on the severity of the offenses. In Ohio, the misdemeanor classes include:

• First-degree misdemeanors (M1)
• Second-degree misdemeanors (M2)
• Third-degree misdemeanors (M3)
• Fourth-degree misdemeanors (M4)
• Minor misdemeanors.

Based on the seriousness of crimes and the severity of their punishments, Ohio's second-degree misdemeanors (M2) are the closest equivalent to Class B misdemeanors in jurisdictions that use the letter-based classification system.

Section 2929.24 of the Ohio Revised Code defines second-degree misdemeanors as offenses punishable by up to 90 days imprisonment, not more than $750.00 fine, or both. These crimes are more serious than third- and fourth-degree misdemeanors (M3 and M4) but less severe than a first-degree misdemeanor (M1).

In addition to potential jail time and fines, a conviction for a second-degree misdemeanor in Ohio may have long-lasting consequences due to its associated criminal record.

Common Examples of Class B Misdemeanors in Ohio

In Ohio, Class B misdemeanors are second-degree misdemeanors. Ohio's second-degree misdemeanors include:

• Minor drug possession
• Possessing drug paraphernalia
• Aggravated disorderly conduct
• Resisting arrest
• Criminal trespass
• Theft of property below a certain amount
• Lower-level criminal damaging/mischief
• Hazing
• Obstructing official business

Information seekers should note that the exact text of the relevant section of the Ohio Revised Code or the applicable local municipal ordinance, along with the specific facts and circumstances of the case, determines how an offense is classified. Additionally, suppose the individual has a previous conviction for the same or a similar offense; that history can elevate the charge to a more serious misdemeanor or even a felony.

Statute of Limitations for Class B Misdemeanors in Ohio

Section 2901.13 of the Ohio Revised Code outlines the timeline for filing criminal charges in the state. Under this law, the statute of limitations for misdemeanors, including second-degree misdemeanors, is 2 years from the date of the crime. Unlike crimes like murder and aggravated murder, prosecutors must bring charges against individuals suspected of second-degree misdemeanors within this period; otherwise, they forfeit the right to do so.

The statutes of limitations in Ohio vary depending on the category of crimes. Excluding murder cases, the law requires prosecutors to file criminal charges for most felony crimes within six years. In contrast, misdemeanors and minor misdemeanors have a 2-year and a six-month limitation period, respectively. However, there are extended periods for filing for crimes such as:

• Sexual offenses against minors
• Violent felonies, such as:
  • Kidnapping
  • Rape
  • Robbery
  • Aggravated burglary
  • Arson
  • Terrorism.

Legal Penalties for Class B Misdemeanors

Ohio's second-degree misdemeanors are less serious crimes than felonies and first-degree misdemeanors. Nonetheless, these offenses may result in jail time, fines, or both. In Ohio, a conviction for a second-degree misdemeanor may result in a maximum sentence of 90 days in jail, a fine not exceeding $750.00, or both.

The severity of the penalties for a second-degree misdemeanor in Ohio may depend on the offense and the court’s discretion. For instance, rather than imposing jail time, a judge may place an offender on probation; in which case, the court may:

• Order the offender to make a periodic report to a probation officer
• Impose treatment or counseling classes
• Place restrictions on traveling
• Instruct the offender to undergo drug or alcohol testing
• Place curfew or behavioral conditions.

A second-degree misdemeanor conviction in Ohio typically creates a criminal record, and the consequences may extend beyond the initial penalties. This conviction may impact an offender's job opportunities, housing options, professional licensing, immigration status, and firearm rights.

Court Process for Class B Misdemeanors

In Ohio, second-degree misdemeanors constitute lower-level criminal offenses. While the specific offense and local court practices influence the resolution, the court can resolve some of these crimes with or without trials. Nonetheless, the process for resolving second-degree misdemeanor cases in Ohio follows a structured sequence:

• Arrest or Citation - A second-degree misdemeanor is an arrestable offense in Ohio, and law enforcement has the authority to arrest individuals they suspect of committing these crimes. However, depending on the situation, they may also issue citations instead of arrests (for example, in OVI violations)
• Booking/Citation - After an arrest, law enforcement may take the arrestee to jail for booking and release them afterward on their own recognizance or after they post bail. For lower-level misdemeanors, many courts release defendants without bail. The arrestee or cited person remains free but must appear for a scheduled court hearing.
• Initial/First Court Appearance - The offender appears before a judge, who confirms their identity and informs them of the charges against them. The judge also advises them of their right to an attorney and their right to remain silent. The court may address bail or conditions of release after the defendant pleads guilty, not guilty, or no contest.
• Initial Appearance/Arraignment - If the defendant pleads not guilty, the case proceeds to a pretrial hearing. In some courts, the initial appearance and arraignment occur at the same hearing. For a guilty or no contest plea, the court may proceed directly to sentencing or set a later date. The defense and prosecution may also negotiate a deal to avoid trial, often resulting in reduced charges.
• Pre-Trial Proceedings - This phase includes several stages
  • The discovery stage, where both sides (prosecution and defendant) exchange evidence and witness lists
  • Motions: Either side files motions to suppress evidence or dismiss charges
• Trial - If they reach no plea bargain and the defendant maintains a not-guilty plea, the case proceeds to trial; this may be a bench trial (involving the judge only) or a jury trial. The prosecution must prove the defendant guilty beyond a reasonable doubt
• Sentencing - If the court finds the defendant guilty, the judge imposes a sentence in accordance with Ohio's Statutes.
• Compliance and Post-Conviction - After sentencing, the offender must comply with the court judgment. In Ohio, individuals can appeal misdemeanor convictions or seek the sealing or expunction of the associated criminal records.

How Class B Misdemeanors Affect Your Criminal Record

A second-degree misdemeanor conviction in Ohio creates a criminal record that may have consequences beyond the initial penalties. After conviction, the record is entered into the Ohio criminal history database, local court records, and in many cases, the FBI’s national records system. These records do not automatically disappear over time; they can be revealed through background checks and can influence job opportunities, professional licensing, housing, immigration, and impact social status.

However, Section 2953.32 of the Ohio Revised Code permits individuals to petition for the sealing or expunction of second-degree misdemeanor records if they fulfill the qualifying criteria. Otherwise, the conviction record remains permanent and accessible to all interested persons.

Differences Between Class B Misdemeanors and Other Offenses

Generally, states categorize criminal offenses based on the seriousness of the crimes, and these classifications determine the harshness of their penalties. In Ohio, second-degree misdemeanors are lower-level crimes. The state considers them less severe than felonies and first-degree misdemeanors, but more serious than offenses within the lower misdemeanor classes.

The table outlines the differences between Ohio's second-degree misdemeanors and other crime categories under the state's criminal justice system.

How to Check for Class B Misdemeanors in Court Records

Second-degree misdemeanor records in Ohio are court documents and part of the Ohio criminal court records. In Ohio, records of second-degree misdemeanors may be accessible through municipal or county court clerk offices. These agencies may also have case search portals for online access to these documents. Alternatively, information seekers can visit the local court that handled the specific case and request access to the records.

A second-degree misdemeanor conviction in Ohio will result in a criminal record that becomes part of the offender’s criminal history. Record seekers can also access this information through background check requests to the Ohio Bureau of Criminal Investigation (BCI).

Although access and procedures vary by jurisdiction, individuals seeking access to second-degree misdemeanor records in Ohio can apply the following steps:

• Gather all necessary information about the specific misdemeanor case, including:
  • Full name of the owner of the record (including variations)
  • Approximate date of offense
  • County where the case occurred
• Identify the court that handled the specific misdemeanor case and check if it has an online portal for accessing case records. Alternatively, for records that are not available online, visit or mail the court clerk's offices and request access to them.
• For a full criminal history, request a background check through the Ohio Bureau of Criminal Investigation (this requires the subject's consent)
• If the records are for legal uses, request certified copies from their custodian agencies.

While § 2303.12 of the Ohio Revised Code requires clerks of court offices to make these documents accessible upon request, record seekers should note that they can not access second-degree misdemeanor records that are sealed or expunged.

Can a Class B Misdemeanor Be Expunged or Sealed in Ohio?

Yes, Ohio permits the sealing and expunction of criminal records, including second-degree misdemeanors. However, eligibility depends on several factors.

In Ohio, a second-degree misdemeanor conviction record may qualify for sealing or expungement if it:

• The offense must be a first-time conviction
• The offender must complete the entire sentence, including probation and payment of fines
• The offender must observe a one-year waiting period after completing the sentence.

Having multiple convictions may make it more challenging to qualify for record sealing or expungement. Additionally, violent misdemeanors or offenses involving weapons, children, or other protected victims are often ineligible for sealing or expungement.

Sealing and expungement of criminal records make them inaccessible to the public. This process enhances job opportunities, widens housing options, and makes general civil benefits more accessible to the individual.