Ohio Criminal Records

In Ohio, criminal records are an essential part of the record system. They are often not open to the public but can be accessed sparingly via individual requests. Criminal records refer to documentation of a person's criminal history. It can involve the details of arrest, charges, and the legal proceedings up to conviction or acquittal. A criminal record is the formal documentation of a person's criminal history. The details would remain present even in the case of dismissal or if the person is proven innocent of the crime.

Law enforcement agencies within the state preside over all arrest records. These may include the charges filed, circumstances of the arrest, specific arresting law enforcement agencies or agents, and the case's outcome. The Bureau of Criminal Investigation (BCI) presides over all criminal records in Ohio, ensuring they are accurate and up-to-date. It also plays a crucial role in the criminal justice system by providing reliable information to law enforcement agencies, the judiciary, and certain employers.

There are three main criminal record types in the state: arrest, court, and conviction. Arrest records concern the specifics of the individual's arrest, as previously mentioned. Court records refers to the documentation of actions in the judicial process, from the apprehension to the verdict. Conviction records, which are the most commonly associated with criminal history, detail the outcome, whether the person was found guilty or innocent.

Criminal records in Ohio are considered vital records for safety purposes. They document charges, arrests, and convictions, even if the case was dismissed. This helps the courts make informed decisions on sentencing and potential rehabilitation. Similarly, criminal records are used for background checks for employers or landlords to ensure the person of interest is not a liability. The goal is to ensure public safety and responsible decision-making by various institutions.

What is Included in the Criminal Record?

Criminal records in Ohio have detailed reports on a person's criminal history. The information may be grouped into the following:

• Arrest details: date and location of arrest, law enforcement agency, arresting officer, and charges filed following apprehension.
• Charges and Offenses: list of the charges filed, such as misdemeanors and felonies
• Personal records include names, last known addresses, physical descriptors, dates of birth, and Social Security numbers.
• Court Proceedings: court dates, docket entries, pleas, decisions, dismissals and acquittals
• Conviction Details: judge or jury decisions, the corresponding violated statutes, and penalties imposed,
• Incarceration Information: sentencing details, including prescribed time in prison and the amount served. Parole or probation conditions are also illustrated.

On the other hand, an arrest record in Ohio includes details like:

• Arrest Information: The date and time of the arrest, the location of the arrest, and information about the arresting agency and officer involved.
• Personal Details: Full name and aliases of the individual, their date of birth, and physical description.
• Charges at the Time of Arrest: Specific charges filed at the time of arrest and the description of the alleged offense
• Booking Information: Date and location of booking and photographs (mugshots) and fingerprints taken during booking
• Release Information: Conditions of release, such as bail or bond amounts, and date and time of release, if applicable

Are Criminal Records Public In Ohio?

In the state, criminal records are only partially accessible to the public. Rather, the state provides restrictive measures on record access for privacy protection reasons. Viewing is limited to the individuals on the record, spouses, or authorized employers. It is possible to self-request criminal records via the BCI through a formal request and giving the necessary identification. Employers operating in sensitive spaces like law enforcement, security, and healthcare can also gain access to criminal records when performing background checks. The goal is to implement due diligence during the hiring process to avoid future potential liability.

How to Access Criminal Records in Ohio

Ohio criminal records may be accessed both online and offline. The following is a guide on the available ways to get these records.

Offline: Bureau of Criminal Investigation (BCI)

One can request a criminal record directly from the Bureau of Criminal Investigation. Utilize the following steps to retrieve criminal records:

• Give the person's complete name, address, and other identifying data.
• Signed consent from the person.
• Self-requesting individuals may provide their fingerprints.
• Fees for the criminal record request by a check, money order, or electronic payment for $22. It is issued to the Treasurer of the State of Ohio

Requesters can also mail their electronic fingerprint or relevant documentation to any of the following BCI locations:

Ohio's WebCheck providers:

Persons can utilize the WebCheck providers to obtain criminal records. These are authorized electronic fingerprinting services that facilitate background checking in the state. It transmits all documentation and fingerprints to the BCI, which are compared against the state's criminal database.

Interested parties may navigate to the nearest WebCheck provider and issue a request, but they should remember to carry copies of their identification cards. Similarly, people may also have to pay a fee to utilize WebCheck providers.

Online Access:

The state does not provide public online access to criminal records. Rather, people may utilize third-party options. That is by:

• Opting for a Third-Party Service: There are various third-party online alternatives authorized to provide criminal records in Ohio.
• Create an Account: Register for an account on Infotracer, enter your personal information, and create a secure account.
• Submit a Request: Follow the service's instructions to submit a request for criminal records.
• Pay the Service Fee: Use the available payment methods on the third-party service's platform to pay the required fee.

The BCI will mail copies of criminal records to the address provided when completing requests. Interested parties who use Infotracer can get a digital copy of the reports immediately after paying the required fees, though these reports are not to be used as official documentation.

What is Considered a Felony in Ohio?

The Ohio Supreme Court defines a felony as a severe criminal offense that attracts a sentence of more than a year. Felonies in the state are grouped according to five degrees. The first degree is the highest level, while the fifth degree entails the least-ranking offenses.

The following are offense classes and the crimes associated with each level:

First-Degree Felonies

the most serious crimes in the legal system are as follows:

• Aggravated Murder: Deliberately causing the death of a person
• Rape: penetration of any bodily orifice with a sexual organ without the consent of the other person. The victim may also be underage or incapacitated.
• Kidnapping: taking a person to hold them for ransom and sometimes causing physical harm.

Second-Degree Felonies

Second-degree felonies entail offenses like

• Felonious Assault: it is causing physical harm to other people with a deadly weapon.
• Burglary: it is breaking into an occupied residential or commercial structure to commit a crime
• Drug Trafficking: this is the manufacture, or production, distribution, and sale of specific quantities of illegal narcotics

Third-Degree Felonies

The third class of felonies includes offenses like:

• Robbery: This is using force or the threat of it to steal from another individual.
• Involuntary Manslaughter: It is causing the untimely death of another person without malice involved or premeditation.
• Vehicular Homicide: it is causing the untimely death of a person or persons through negligent vehicle operation or while under the influence.

Fourth-Degree Felonies

These include offenses such as:

• Grand Theft of a vehicle: illegally taking a car without the owner's permission to take it from them permanently.
• Identity Fraud: it is the use of another person's identity without their consent for financial gain.
• Unlawful Sexual Conduct with a Minor: it is taking part in sexual activities with a person aged below 15 when the offender is four years older than the minor.

Fifth-Degree Felonies

These are the lowest-level felony offenses in the state. They include:

• Theft: it is the stealing of property or services worth between $1,000 and $7,500.
• Breaking and Entering: this is the trespass of unoccupied structures with the intention to commit a theft or felony.
• Drug Possession: it is possession of small quantities of illegal drugs which is beyond that deemed for personal use.

Penalties For Ohio Felonies

In the state, penalties for felonies vary by class. First-degree felonies, the most severe, carry penalties of 3 to 11 years in prison, with fines up to $20,000. Second-degree felonies result in 2 to 8 years in prison and fines up to $15,000. For third-degree felonies, the punishment ranges from 9 to 36 months in jail, with fines up to $10,000. Fourth-degree felonies are penalized with 6 to 18 months in prison, with fines up to $5,000. Fifth-degree felonies can lead to 6 to 12 months in jail, with fines up to $2,500. Additionally, certain felonies may result in longer sentences or life imprisonment, depending on the case's specifics.

What is a Misdemeanor in Ohio?

Misdemeanors are less serious criminal offenses than felonies. They are typically punishable by less than a year of imprisonment, minor fines, or both. Misdemeanors are categorized into five degrees, with first-degree misdemeanors being the most serious and minor misdemeanors being the least.

The following are the classes of misdemeanors and the types of crimes associated with each class:

First-Degree Misdemeanors

First-degree misdemeanors are the most serious misdemeanors. They include crimes like:

• Petty Theft: Stealing property with a value below a set limit (usually under $1,000) without the owner's permission.
• Carrying a gun without a permit: Possessing a firearm in public without a government-issued license.
• Violating a protection order: Disobeying a court order restricting contact with another person.
• Assault: Threatening or inflicting physical harm on another person.
• Joyriding: Taking a motor vehicle for a temporary ride without the owner's permission but intending to return it.

Second-Degree Misdemeanors

Crimes that fall into this class include:

• Hazing: Forcing someone to endure humiliating, painful, or dangerous activities.
• Resisting arrest: Resisting arrest opposes a law enforcement officer's attempt to detain you.
• Harassing a police or assistance dog: Intentionally threatening, injuring, or interfering with a police officer or dog trained to assist law enforcement.

Third-Degree Misdemeanors

Crimes that fall into this class include:

• Criminal mischief: The damage or destruction of property without permission.
• Prostitution: Engaging in or soliciting sexual activity for hire.

Fourth-Degree Misdemeanors

Crimes that fall into this class include:

• Illegal possession of drug paraphernalia: Having items specifically designed or used for consuming illicit drugs.
• Public indecency: Engaging in behavior that violates public standards of decency and could offend others.
• Failure to disperse: Refusing to leave an area when a law enforcement officer orders, typically during an unlawful assembly.

Minor Misdemeanors

Minor misdemeanors are the least severe crimes in Ohio. They include crimes like:

• Disorderly conduct: Behaving in a way that disrupts public peace and order, like fighting or using loud, offensive language.
• Reckless driving: Driving with a disregard for the safety of others and the rules of the road.
• Possession of a small amount of marijuana: Having a limited quantity of marijuana on a person is a ticketed offense, depending on the specific amount.

Penalties for Ohio Misdemeanors

First-degree misdemeanors, the most serious, carry penalties of up to 180 days in jail and fines up to $1,000. Second-degree misdemeanors result in up to 90 days in prison and fines up to $750. Third-degree misdemeanor offenses are punishable by up to 60 days imprisonment, with fines up to $500. Fourth-degree misdemeanors can lead to up to 30 days in jail, with fines up to $250. Minor misdemeanors, the least severe, typically result in penalties of up to $150 without jail time.

How Long Does an Ohio Criminal Record Stay In a Background Report?

In Ohio, criminal records generally remain on a background report indefinitely unless they are legally expunged or sealed. This means authorized individuals and agencies can access arrests, charges, and convictions long after the events.

However, certain crimes, particularly severe offenses, remain permanently available on background reports regardless of the incarceration release or disposition date. These include aggravated murder, rape, and other serious violent crimes. While some less severe offenses may be eligible for expungement or sealing, this process requires a court order and depends on specific eligibility criteria.

Sealing and Expungement of Criminal Records in Ohio

Sealing and expunging criminal records allows individuals to have certain offenses removed from public records. Sealing a record means it is hidden from most public view, whereas expungement completely erases the record. To begin the process, individuals must file a formal application with the court where the conviction occurred. This includes submitting relevant forms and paying a filing fee. The court will then schedule a hearing to determine eligibility.

Under Ohio law, eligibility for sealing and expungement varies based on the offense. Generally, first-time offenders and those with non-violent misdemeanors or felonies may be eligible. Crimes such as aggravated murder, rape, or other first and second-degree felonies, do not qualify for expungement or sealing of records. Additionally, people requesting to get records sealed or expunged must ensure they were not previously convicted or a person pleaded guilty or no contest to a severe or disqualifying offense as defined in Chapter 2913 of the Revised Code.

Timeframes for sealing and expungement vary. For misdemeanors, there is a one-year waiting period after completing the sentence, while felonies require a three-year waiting period. The court evaluates factors such as the nature of the offense, the time since the conviction, and the individual's behavior since the conviction.