Ohio law
Criminal Defense Laws in Ohio.
Ohio classifies criminal offenses as felonies (first through fifth degree) and misdemeanors (first through fourth degree, plus minor misdemeanors). Ohio uses a combination of indefinite sentencing for first and second-degree felonies (since 2019) and definite sentencing for lower-degree felonies. Record sealing is available for many offenses, though OVI convictions and sex offenses requiring registration are excluded.
Last verified: 2026-02-25
State law
Statute of Limitations
Murder and aggravated murder have no statute of limitations. Rape and sexual battery must be charged within 25 years. Most other felonies within 6 years. Misdemeanors within 2 years. Minor misdemeanors within 6 months.
Exceptions
Rape and sexual battery charges must be brought within 25 years. Other specified sexual offenses, robbery, and burglary must be charged within 20 years.
State law
Key Ohio Statutes
First-degree felonies carry an indefinite term with a minimum of 3–11 years. Second-degree felonies carry a minimum of 2–8 years. Third-degree felonies: 9–36 months. Fourth-degree: 6–18 months. Fifth-degree: 6–12 months. First-degree misdemeanors carry up to 180 days in jail.
Eligible offenders may apply to seal their criminal record. Timing varies: 1 year after final discharge for most eligible offenses, 3 years for third-degree felonies. Not eligible: first/second-degree felonies, sex offenses requiring registration, OVI convictions, and offenses of violence with prison time.
Ohio uses a 10-year lookback period (20 years if chemical test was refused). BAC limit is 0.08%. First offense: 3 days to 6 months jail, $375–$1,075 fine, 1–3 year license suspension. OVI convictions cannot be sealed or expunged.
The Ohio Constitution guarantees the right to counsel in criminal prosecutions. Indigent defendants are entitled to appointed counsel through the county public defender or court-appointed counsel.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Ohio.
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