First Degree Felony in Ohio

In Ohio, first-degree felonies are among the most severe crimes in the state's criminal code. The state classifies felonies from the first- to fifth-degree, with first-degree felonies carrying the harshest penalties, second only to aggravated murder and murder.

Ohio's criminal code, specifically Title 29 of the Ohio Revised Code, describes the different degrees of offenses. The sentencing guidelines, including prison terms, fines, and post-release control for these felonies, are detailed in sections such as R.C. 2929.14(A)(1), R.C. 2929.18(A)(3)(a), and R.C. 2967.28(B)(1).

A first-degree felony conviction carries a prison term of 3 to 11 years. However, specific crimes and circumstances may lead to a longer or mandatory sentence. For example, a person convicted of raping a child receives a mandatory life sentence. Depending on the type of crime, repeat offenders may also face additional prison time, and some first-degree felonies have extended sentences. Furthermore, a person convicted of these crimes may be subject to up to five years of post-release supervision.

Public Access to First Degree Felony Records in Ohio

Under the Ohio Public Records Act (also known as the Sunshine Law), most felony conviction records are public. The statute requires public offices that are custodians of these documents to make them available for inspection and copying upon request from interested individuals unless specific exceptions apply. Rules 44 through 47 of the Ohio Rules of Superintendence for the Courts of Ohio further affirm that court records, including those related to felony convictions, are public. Ohio law requires courts to grant access to these records unless they have been sealed or expunged, are juvenile conviction records, or contain sensitive information such as Social Security numbers or victims’ identifying details.

There are several options for accessing Ohio felony conviction records. These documents may be accessible through Ohio's county clerk of courts' online case search portals, such as the Franklin County Clerk of Courts' Case Information Online (CIO) and the Cuyahoga County Clerk of Courts Case Records/Case Docket Search. Ohio's felony conviction records are also accessible through Public Access Terminals at various county courthouses nationwide.

Information about felony cases that reached the Ohio Supreme Court is accessible through the Ohio Supreme Court’s Docket Search Portal. Individuals seeking certified copies of Ohio's felony records should mail or visit the clerk of the courts’ office of the specific county where the case was filed. Additionally, for a fee of $30.00 to $40.00, the Ohio Bureau of Criminal Investigation (BCI) may provide statewide access to criminal conviction records through its various WebCheck locations.

Requesters should note that while online access to basic information about Ohio criminal cases is free, obtaining certified copies of these documents may involve fees.

Common Crimes Classified as First Degree Felonies in Ohio

First-degree felonies are serious crimes with penalties that include prison terms, fines, and post-release supervision. These crimes are defined by their severity and threat levels. Crimes in the first-degree category in Ohio include:

• Aggravated Robbery
• Rape
• Attempted aggravated murder/attempted murder
• Felonious sexual penetration, or sexual offenses involving very young children.

Obtaining accurate data for each first-degree felony in Ohio is difficult. Nonetheless, the FBI provided the following incident counts for aggravated assault, homicide, rape, and robbery in Ohio for 2023 and 2024.

Prison Sentences and Fines for First Degree Felonies in Ohio

Ohio applies the Indeterminate sentencing system according to the Reagan Tokes Law. Under this structure, there are minimum and maximum sentences for first-degree felonies post March 21, 2019. Prison terms for first-degree felonies in Ohio range between 3 and 11 years. A judge may choose a minimum term within the statutory 3 to 11 years. However, according to Section 2929.144 of the Ohio Revised Code, the maximum term is usually 1.5 times the minimum term. For instance, if a judge imposes a 6-year minimum term for a felony, the maximum term will be 9 years (6 x 1.5). In addition to prison terms, a first-degree felony in Ohio may result in up to $20,000.00 in fines.

A special sentencing structure applies to aggravated and attempted murder. These crimes result in the death penalty or life imprisonment. Additionally, mandatory minimum sentences or enhancement penalties may apply for certain crimes if aggravating factors are present. For instance, the following applies to drug offenses and child rape:

• Major drug offenses (MDO) (R.C. 2929.14 & 2925.03) - 11 years
• Child rape if the victim is under 13 years (R.C. 2907.02):
  • Life imprisonment without parole if it involves aggravating factors such as force, serious harm, or a previous conviction
  • Life with parole eligibility after 10, 15, or 25 years, depending on the facts of the case
• Firearm specifications - additional 1, 3, 5, or 7 years that must run consecutively.

After serving the minimum term, the Ohio Department of Rehabilitation and Correction (ODRC) will decide whether to release an offender or to keep them for the maximum term. This decision depends on the offender's behavior, their progress in rehabilitation, and their risk to the public. Additionally, the penalties for most first-degree felonies in Ohio include up to 5 years of post-release supervision.

What is the Maximum Sentence for a First Degree Felony in Ohio?

The maximum sentence for a first-degree felony in Ohio is the death penalty; this applies to aggravated murder. Aside from aggravated murder, Section 2929.144 of the Ohio Revised Code establishes the maximum prison term for other felonies as 1.5 times the minimum term imposed by the judge. Nonetheless, there may be an increase in prison sentences beyond the standard maximum terms if the penalties include enhancement factors.

What is First Degree Murder in Ohio?

Ohio classifies first-degree murder as aggravated murder. In Ohio, a person commits aggravated murder if they intentionally kill another person with premeditation or during the commission or attempted commission of a serious felony, such as rape, terrorism, burglary, kidnapping, or arson. This charge also applies if the victim is a law enforcement officer, first responder, or a child under the age of 13.

Under Ohio's criminal code, aggravated murder has a separate designation that reflects the extreme severity of the crime and its distinct sentencing structure. Aggravated murder in Ohio is a capital offense, and its penalties run outside the statutory penalties for other first-degree offenses.

By comparison with first-degree felonies in Ohio, which carry sentences ranging from 3 years to 11 years, an aggravated murder offense may result in:

• The death penalty
• Life imprisonment without parole
• Life imprisonment with parole after 20, 25, or 30 years (depending on the aggravating factors).

Can First Degree Felony Records Be Sealed or Expunged in Ohio?

Sealing of a first-degree felony record in Ohio hides and makes it inaccessible to the public. On the other hand, expungement destroys or eliminates the case file as if the crime never occurred.

Generally, Ohio does not allow the sealing or expungement of felony records due to the serious nature of these offenses. However, individuals may seek expungement for cases that result in dismissal, acquittal, or were not prosecuted. A first-degree felony record may also qualify for expungement if it relates to certain drug offenses, provided the offender is a first-time offender and completes a diversion program.

To get an eligible first-degree felony conviction expunged, the petitioner must complete the sentence for the crime, including paying restitution and all court-ordered fines. The petitioner must also observe the applicable waiting period and must have no pending criminal cases.

Difference Between First Degree and Second Degree Felonies in Ohio

The distinction between first- and second-degree felonies in Ohio depends on their severity, which determines the potential sentences and fines. In Ohio, first-degree felonies are the most serious category of offenses within the state's penal code. This includes aggravated murder (a capital offense) and crimes whose penalties range from 3 years to life imprisonment without parole. Aside from aggravated murder, offenses in the first-degree category in Ohio include:

• Kidnapping
• Rape
• Aggravated robbery
• Voluntary manslaughter
• Attempted murder
• Large-scale drug trafficking.

By comparison, though second-degree felonies are also serious crimes, Ohio does not consider them as severe as first-degree felonies; their penalties are less harsh than those of first-degree felonies. Unlike first-degree felonies with prison terms up to the death penalty (for aggravated murder), the penalties for second-degree felonies range from 2 years to a maximum of approximately 12 years in prison under indeterminate sentencing. Additionally, while the fines for first-degree felony range up to $20,000.00, the maximum fine for a second-degree felony is $15,000.00. Second-degree offenses in Ohio include:

• Sexual battery
• Child pornography
• Aggravated arson
• Abduction
• Felonious assault.

Statute of Limitations for First Degree Felony Charges in Ohio

The statute of limitations is the legal limit for filing charges against criminal offenders. For an offense with a statute of limitations, prosecutors must file charges in court within the period or forfeit the right to do so. The purpose of the statute of limitations is to:

• Enforce timely prosecution of cases while the evidence is fresh
• Protect suspects from defending charges based on faded memories
• Promote fairness of judicial processes.

Under § 2901.13(A)(1)(a) of the Ohio Revised Code, the statute of limitations for most felonies is 6 years. However, there is no statute of limitations for:

• Murder and aggravated murder
• Rape and sexual battery
• Sex crimes against minors
• Terrorism offenses.

Probation and Parole Eligibility for First Degree Felonies in Ohio

Probation is a court-ordered alternative where a convict is under community supervision instead of serving jail time. Similarly, in Ohio, parole refers to the conditional release of convicts from prison before they have served their maximum term.

Ohio does not permit straight probation for most first-degree felonies due to the seriousness of these crimes. However, a judge may grant probation for certain non-violent felonies that do not carry mandatory prison terms if the judge determines that a prison sentence is not necessary to protect the public.

Under Ohio's indeterminate sentencing system, a first-degree felony convict becomes eligible after serving the minimum term of a sentencing range. For instance, a person serving an 8- to 12-year sentence must spend 8 years in prison to be eligible for parole. Furthermore, firearms specifications must be served first and consecutively before an individual is eligible for parole.

Eligibility does not automatically translate to parole; the Ohio Parole Board considers risk, rehabilitation, victim input, and public safety before granting parole to convicts.

Impact of a First Degree Felony Conviction on Criminal Records in Ohio

A first-degree felony conviction in Ohio may have long-term consequences that may extend beyond the immediate penalties. These are serious crimes whose records are non-expungeable and publicly accessible. Having an Ohio felony conviction record may negatively impact job opportunities, housing options, and social status.

In Ohio, a felon cannot hold public office or possess firearms. Additionally, as a foreigner, having a first-degree felony record in Ohio may negatively impact immigration status. A non-citizen with a record of a first-degree felony risks deportation, inadmissibility, or denial of citizenship.