Felonies, Misdemeanors, And Infractions in Ohio

According to the Ohio criminal law, offenses are classified into three categories based on the nature and seriousness of the offenses:

• Felonies
• Misdemeanors
• Minor misdemeanors (infractions)
• Unclassified felonies (the most serious crimes under the Ohio Penal Code).

Felonies encompass some of the most serious crimes under the Ohio Penal Code and incur the harshest penalties.

Misdemeanor crimes are less severe than felonies. This class of crimes is punishable by imprisonment for up to 1 year. In addition, the punishment for misdemeanors may also include fines.

Minor misdemeanors are the lowest level of offenses in Ohio. The penalties for this category of offenses do not include prison terms; offenders may incur up to $150.00 fines, plus possible court fees and points on their driver's license.

Beyond the categories, crimes in Ohio are tried based on their specific categories. Additionally, statutes of limitations determine the legal timeframe for filing charges against offenders within the state.

What Is A Felony In Ohio?

According to Section 2901.02(A) of the Ohio Revised Code, felonies are crimes punishable by death (for capital offenses) or more than one year of imprisonment.
Ohio has two broad classifications of felony crimes: violent and non-violent.
Violent felonies involve the use of physical weapons to threaten or inflict injury on a person. In contrast, a non-violent felony does not include the use of a physical object.

Beyond the broad categories, Ohio categorizes felonies into six classes. These are:

• First-degree felonies
• Second-degree Felonies
• Third-degree felonies
• Fourth-degree felonies
• Fifth-degree felonies
• Unclassified felonies.

The first-degree felony class groups serious offenses with mandatory penalties of 3 to 11 years imprisonment. By comparison, the least serious felony crimes are classified as fifth-degree felonies.
Unclassified felonies do not fall within the general felony classifications. Ohio law considers these types of offenses as “extra serious”. They are not assigned to one of the five standard degrees, and their penalties are set out by the statutes that create the specific offense.

What are some examples of felonies in Ohio?

In Ohio, there are two categories of felonies:

• Classified felonies
• Unclassified felonies.

The Ohio Revised Code Classifies felonies from first-degree to fifth-degree. This establishes a standard sentencing framework (according to § 2929.14 of the Ohio Revised Code (R.C.)). For unclassified felonies, their sentences are described by the statute that creates the specific offense.
Examples of felonies in Ohio include:

First-degree Felonies

• Rape
• Aggravated robbery
• Kidnapping

Second-degree Felonies

• Felonious assault
• Abduction
• Child pornography

Third-degree Felonies

• Drug trafficking
• Reckless homicide
• Certain robberies

Fourth-degree Felonies

• Grand theft auto
• Unlawful sexual conduct with a minor (depending on age gap)

Fifth-degree Felonies

• Low-level drug possession
• Theft ($1,000 to $7,500).

Unclassified Felonies

• Aggravated murder
• Murder
• Repeat felonies.

Can an Individual get a Felony removed from a court record in Ohio?

Yes, Ohio law permits felons to remove their convictions from records. However, eligibility for removal of felony records in Ohio depends on the type of felony and the individual's criminal history. Additionally, there are applicable waiting periods that offenders must observe after completing the sentences for these crimes.

Who is eligible for an expungement?

According to § 2953.31 to 2953.36 of the Ohio Revised Code, felony records may qualify for expungement if they relate to non-violent low-level crimes (fourth- and fifth-degree, and some third-degree felonies). In Ohio, individuals whose criminal charges result in dismissals or acquittals are required to petition the courts for expungement of their records. Additionally, § 2151.356 to 2151.358 of the Ohio Revised Code allow for automatic expungement of certain juvenile criminal records.

In Ohio, individuals who intend to petition for sealing or expungement of their criminal records must not have been convicted of certain serious offenses and must not have more than one felony and one misdemeanor or two misdemeanor convictions. However, multiple convictions for the same crime count as one offense. Additionally, convictions resulting from related criminal acts committed within three months may also count as one conviction. Intending petitioners must also observe the applicable waiting period for their specific crimes.

Offenses that are eligible for expungement under Ohio law include:

Felonies

• Theft (non-violent)
• Forgery (non-violent cases)
• Passing bad checks
• Receiving stolen property
• Possession of controlled substances (small amounts, non-trafficking)
• Tampering with records (non-violent)
• Grand theft auto (Fourth-degree, if not tied to violence

Misdemeanors

• Petty theft (under $1,000)
• Disorderly conduct
• Simple assault (non-domestic, no serious harm)
• Trespassing
• First-time OVI (DUI) misdemeanor.

How To Apply For An Expungement?

Section 2953.31 to 2953.36 of the Ohio Revised Code outlines the conditions and procedures for expunging felony and misdemeanor records. According to these statutes, most non-violent fourth-degree and fifth-degree felonies and misdemeanors are eligible for expungement if the offender fulfills the statutory requirements.
Eligible individuals intending to petition the courts to expunge their Ohio felony or misdemeanor records should follow these steps:

• Obtain Application for Sealing of a Criminal Record Forms or “Application for Expungement Forms” from the Clerk of Courts in the county where they were convicted
• Complete the application forms with the relevant information, which includes case numbers, conviction dates, and sections of Ohio's Code violated
• Pay the filing fees. This may vary per county, but usually ranges from $50.00 to $100.00
• Notify the public prosecutors who tried the cases; they may approve or object to the expungement
• Attend the court hearings relating to the petitions if the judges deem them necessary
• Wait for the judges to decide on the petitions. If an application is successful, the judge will order its sealing or expunction.

In addition to other requirements, owners of expungeable criminal records must observe the waiting periods for their offenses after completing their sentences before they petition the courts for expungement.

Is Expungement the Same as Sealing Court Records in Ohio?

No, expungement is not the same as sealing court records in Ohio. Although these terms are related, they have different outcomes.
In Ohio, sealing of a criminal record hides it from the public. This means that unauthorized entities cannot access it. However, it remains accessible to law enforcement, courts, and certain licensing agencies.

Comparably, expungement of records refers to the destruction of these documents. After expunction, these documents are treated as if they never existed and are no longer available on any official database. However, true expungement is rare in Ohio; the state expunges only juvenile records and cases where charges result in dismissal, acquittal, or pardon by the Governor of Ohio based on recommendations from the Ohio Parole Board.

How Long Does a Felony Stay on an Individual’s Record in Ohio?

In Ohio, criminal convictions stay permanently on records unless the courts expunge them. In Ohio, violent felonies, sex-related offenses against adults and minors, child abuse crimes, and terrorism acts are not expungeable; they remain permanently on the offenders' records. Nonetheless, Ohio Revised Code § 2953.31 through 2953.36 grants eligible individuals the right to petition the court to seal or expunge their criminal record.

What is a Misdemeanor in Ohio?

According to Ohio law, a misdemeanor is an offense whose statutory penalty does not exceed 180 days in jail, along with a maximum fine of $1,000.00 and other sanctions as provided by law. Misdemeanor crimes are less severe than felonies, but are more serious than violation offenses. In Ohio, there are five categories of misdemeanor:

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

The punishment for misdemeanor offenses in Ohio depends on the seriousness of the crime and ranges from fines only to fines plus prison terms and other conditions.

Misdemeanors do not result in incarceration in state penitentiaries; offenders serve their prison time in county jails.

What are some Examples of Misdemeanor Crimes?

Ohio classifies misdemeanors into five classes based on severity. Examples of offenses under each of Ohio's misdemeanor classes include:

First-degree Misdemeanors (M1)

• Assault
• Illegal possession of firearms
• Petty theft (under $1,000)
• OVI (first offense)

Second-degree Misdemeanors (M2)

• Resisting arrest
• Obstructing official business
• Certain drug possession charges
• Illegal production or sale of drug paraphernalia

Third-degree Misdemeanors (M3)

• Criminal mischief
• Negligent assault
• Possessing an expired handgun license
• Drawing or writing on public properties such as public buildings, schools, and transport systems

Fourth-degree Misdemeanors (M4)

• Public indecency
• Disorderly conduct (if persistent)
• Minor theft-related offenses.

Can an Individual Get a Misdemeanor Removed from a Record in Ohio?

Yes, Ohio allows sealing (and in some cases, expungement) of misdemeanor records. However, the removal of misdemeanor records depends on the type of offense and the individual’s criminal history. Ohio laws permit the removal of non-violent, non-sex-related misdemeanors. Additionally, offenders must observe a 1-year waiting period for eligible misdemeanors.

Can an OVI Be Expunged in Ohio?

No, OVI violations (Operating a Vehicle While Impaired) are not sealable or expungeable. Ohio Revised Code § 2953.32 prohibits the sealing or expunction of certain traffic offenses, including OVIs/DUIs. These records remain publicly accessible if they result in a conviction, but are sealable/expungeable for cases that result in dismissal or acquittal.

What Constitutes An Infraction In Ohio?

In Ohio, infractions refer to minor misdemeanors or traffic violations. These crimes are the lowest level of offenses under the Ohio Penal Code. According to § 2929.24 & § 2929.28 of the Ohio Revised Code, the punishment for minor misdemeanors in Ohio is fines and potential license points. Infractions (or minor misdemeanors) in Ohio are punishable by fines of not more than $150.00.

What Are Some Examples Of Infractions In Ohio?

Under Ohio laws, Infractions are the least offenses in the state's criminal code. Examples of infractions include:

• Speeding (minor traffic violations)
• Littering
• Disorderly conduct
• Possession of Marihuana (small amount)
• Failure to obey traffic control devices
• Illegal parking.

Can Infractions be Expunged from an Ohio Criminal Court Record?

In Ohio, the expungement or non-expungement of an infraction depends on its classification under the state's penal Code. Non-traffic Infractions such as minor misdemeanor marijuana possession, disorderly conduct, curfew violations, and minor municipal code violations are expungeable. In contrast, many traffic offenses are not eligible for expungement. For instance, Ohio does not permit the expungement of infractions such as failure to obey a traffic control device, driving under suspension, failure to yield, and driving without a license.

What is Deferred Adjudication in Ohio?

In Ohio, the formal term for deferred adjudication is Intervention instead of Conviction (ILC) (§ 2951.041 of the Ohio Revised Code). The ILC programs offer several alternative court- or prosecutor-driven diversion options that have similar outcomes as deferred adjudication in other states. In addition, prosecutors and courts operate pretrial diversion/deferred prosecution programs that put off criminal proceedings while the defendant completes individualized intervention plans. These programs may include abstinence from drugs/alcohol for a set period, treatments, or supervision.
The completion of these programs may result in the courts dismissing, setting aside, or sealing the records of defendants.

Types of Crimes Eligible for Deferred Adjudication in Ohio

Ohio typically excludes certain offenses and individuals from its Intervention in lieu of Conviction (ILC) or pretrial diversion/deferred prosecution programs. These programs, which aim to help first-time or limited-record offenders avoid prison terms, do not cover all crimes.
Ohio law generally disqualifies the following:

• Violent felonies
• Sex offenses
• Some serious drug and firearm offenses
• Offenses that carry mandatory prison terms.

Additionally, the state usually does not qualify individuals with previous violent felony convictions for these programs.