Ohio Arrest Records

Ohio has an arrest rate of 2,507.1 per 1000,000 residents. The state's arrest rate is significantly lower than the rate across the United States, which is 2,181.7 arrests per 100,000 residents. On the average, Ohio records over 161,000 arrests annually. Simple assaults account for up to 21% of arrests made in the state. Burglaries and murder constitute 2% and 0.16% of arrests made by law enforcement in Ohio.

Compared with neighboring states like Pennsylvania and Indiana, which have arrest rates of 2,113.3 arrests per 100,000 residents and 2,252.5 arrests per 100,000 people, Ohio has higher arrest rates compared to these states. These high arrest rates may suggest a higher level of criminal activity in the state.

What Is an Arrest Under Ohio Law?

An arrest is the seizing or restraining of an individual by a person with legal authority, with or without a warrant. Per Section 2935.1 of the Ohio Revised Code (ORC), arrest means placing a person under restraint or taking the person into custody by a public officer under a criminal charge. Section 2935.03 details the authority of peace officers to make arrests for felonies and misdemeanors, including situations where arrests can be made without a warrant.

Type of Arrests in Ohio

In Ohio, arrests can generally be broadly classified into two categories: Arrests under a warrant and Warrantless arrests.

Arrest Under a Warrant

Also called warrant arrests, it involves a judicial order authorizing the arrest of an individual. Warrant arrests are generally issued based on probable cause that a person has committed a crime. A warrant is issued by a judge or magistrate based on a sworn statement that provides substantial evidence enough to establish probable cause. Probable cause generally exists when facts and circumstances within the arresting officer's knowledge are sufficient to warrant a person of reasonable caution to believe that an offense has been committed or is being committed. Generally, warrant arrests occur when law enforcement arrests someone based on a legal document from the court called an arrest warrant.

Warrantless Arrest

Warrantless arrests are arrests made without a judicial order. It is generally based on immediate circumstances or evidence of a crime. A warrantless arrest happens when law enforcement arrests an individual without having an arrest warrant. Per state law, warrantless arrests may be further classified into:

• Arrests for Felonies: Per Section 2935.04 of the ORC, law enforcement officers may carry out warrantless arrest if a felony has been committed or there is reasonable ground to believe that a felony was committed
• Arrests for Misdemeanors: Section 2936.03 permits peace officer to carry out arrests without warrants for misdemeanors committed in their presence

Other types of arrests typically include:

• Domestic violence arrests
• Traffic-related arrests
• Immigration-related arrests
• Public order arrests
• Juvenile arrests
• Public order arrests

Warrant arrests differ from warrantless arrest. In warrant arrests, a judge or magistrate must issue the arrest warrant. The warrant issued must specify the name of the person to be arrested and the alleged offense. Warrantless arrests are permitted under specific conditions. It requires immediate action as there is no waiting for judicial approval.

What Are Ohio Arrests Records?

Arrest records are official documents that detail the circumstances and outcomes of a person's arrest. Arrest records generally provide a summary of the incident leading to the arrest. Arrest records typically detail a person's criminal history and contain information such as the personal information of their record holder, details of arrests, booking information, and case information.

Arrest records are documents detailing a person's arrest. It generally focuses on the arrest itself and is generated immediately after the arrest is initiated. Arrest records typically provide information on an individual's interaction with law enforcement and are usually accessible at the local police department and county sheriff's offices. On the other hand, criminal records are generally a comprehensive history of an individual's criminal activities. It includes arrests, charges, convictions, and sentencing. Criminal records are generally broader than arrest records. While arrest records focus on the initial encounter with law enforcement, criminal records cover all legal actions taken against an individual from arrests to post-conviction activities.

How Can Arrest Records Be Accessed in Ohio?

Arrest records are public records. Section 149.43 of the ORC, known as the Ohio Public Records Act, stipulates that any records kept by public offices are kept in trust for the people. Therefore, they are open to the public for inspection and copying, except the records are exempted from the public by the law. While some arrest records are restricted from the public, certain entities may still access the records. For instance, law enforcement agencies may access arrest records for ongoing investigations, employers may access arrest records for employment purposes, and defense attorneys may access arrest records as part of their legal strategy. Ohio arrest records are generally accessible on three levels: state, local, and court.

Ohio Bureau of Criminal Investigation (BCI)

The Identification Division of the BCI under the Ohio Attorney General's Office maintains the central repository of criminal records in the state, including arrest records. The Division provides a background check tool to submit electronic background check requests to the BCI. A complete set of fingerprints must be submitted to the BCI electronically through WebCheck at any of their locations. Record seekers may also complete the Request for Copy of Ohio Background Check Form. Submit the form in person or by mail to the BCI identification Division at:

1560 State Rt. 56 South West

P.O. Box 365

London, OH 43140

Attn: Identification Division

BCI checks cost $220 payable by money order, certified checks, personal checks, or business checks.

Police Departments

Police departments and county sheriff's offices maintain records of arrests within their jurisdiction. Persons seeking arrest records may visit the records division or the sheriff's offices to obtain arrest records. Alternatively, send a mail request to the records division of the police department or sheriff's office. Some police departments and sheriff's offices provide online access to records containing criminal records.

Courts

The courts in Ohio maintain records of all cases filed within their jurisdiction, including arrest records associated with those cases. To get the record from the courts, identify and visit the clerk of the court office. Provide details such as the case number, names of individuals, and any information about the arrests. Some courts may have online databases or case search systems to look up case information, including arrest records.

How Long Will an Arrest Report Stay on Your Ohio Records?

In Ohio, an arrest report stays on your Ohio state criminal record indefinitely unless legal actions are taken to expunge or seal the records. Unlike some states, arrest records are not automatically removed from a person's criminal history, even if the charges are dropped or the individual is acquitted.

Can You Expunge Your Arrest Records in Ohio?

Yes. In Ohio, individuals may expunge or seal their arrest records under certain conditions. Sections 2953.32 and 2953.52 of the ORC govern the eligibility and the process for sealing arrest records. Per the law, persons arrested but not convicted, cases where the charges were dismissed, or individuals who were acquitted or found not guilty are generally eligible for expunging arrest records.

The process of expunging arrest records in Ohio begins by filing a petition to seal the record. The petition must be filed in the court where the charges were brought. The petition should include details about the arrest, charges, and the outcome- acquittal or dismissal. The court reviews the petition to ensure that all legal requirements are met and schedules a hearing to consider the petition. If the court grants the petition, it issues an order to seal the arrest records.

Individuals acquitted of charges are eligible to have their arrest records sealed immediately. The process of expunging arrest records after acquittal starts with filing the petition at the relevant court, attending a hearing, and waiting for the court decision.

Is Citizen's Arrest Legal in Ohio?

Yes, citizen arrest is legal in Ohio. A citizen arrest is when a private individual detains another person they believe has committed a crime. Per Section 2935.04 of the ORS, any person without a warrant may arrest another whom he has reason to believe is guilty of committing a felony crime or has reason to believe a felony was committed. However, there are conditions for which a private individual may conduct a citizen arrest.

• Probable Cause: The individual making the arrest must have probable cause to believe that a crime has been committed. The person has reasonable ground to believe, based on facts, that the person arrested is involved in criminal activity
• Witness to the Crime: In Ohio, a citizen's arrest is only valid if the person making the arrest witnessed or has direct knowledge of the crime
• Reasonable Force: The force used during the citizen's arrest must be reasonable and proportionate to the threat posed by the suspect

In some cases, police officers and other law enforcement agencies may also make a citizen's arrest. Law enforcement officers witnessing a crime may detain the suspect until the police arrive. Also, off-duty police officers can carry out a citizen's arrest if they observe a crime being committed.

How to Look Up Arrest Warrants in Ohio

A warrant is a written order issued by the court authorizing law enforcement officers to take a specific action. The action is usually something considered illegal. Warrants in Ohio may be arrest warrants, bench warrants, search, or peace warrants. An arrest warrant is issued by the judge or magistrate authorizing law enforcement to detain an individual suspected of committing a crime. Bench warrants are issued by a judge when a person fails to appear in court or violates a court order. Search warrants authorize law enforcement to search a specific location for evidence of a crime. A peace warrant is issued to a person to prevent someone from threatening or harming another person or their property,

Warrants are public records accessible by the public in Ohio. Persons searching for arrest warrants may utilize resources provided by the state to access the arrest records. The Ohio Supreme Court website provides online access to case information and warrants. In addition, the Ohio Courts Network grants access to court records. Searchers may use the case search features to look up warrant information. Local law enforcement agencies such as the police department and Sheriff's Offices generally maintain a database of active warrants. Some local law enforcement agencies provide a searchable online database to look up arrest and bench warrants. The clerk's office of the courthouse where the warrant was issued maintains arrest records. Visit the courthouse or use the public service terminals to access arrest warrants. Searchers may also use third-party online services to access warrant databases for a fee.