Ohio Criminal Defense Laws

Rape and sexual battery charges must be brought within 25 years. Other specified sexual offenses, robbery, and burglary must be charged within 20 years.

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.