Ohio Misdemeanors

A misdemeanor is a criminal offense less serious than a felony and more serious than a civil violation. Ohio divides misdemeanors into five levels: First-, Second-, Third-, and Fourth-Degree misdemeanors (M1–M4) and Minor Misdemeanors (MM). The duration of jail time and fines for these classes of misdemeanors are set by state law. If an offender is sentenced to jail for a misdemeanor offense, they will serve their sentence in a county or municipal jail, not a state prison.

What Is a Misdemeanor in Ohio?

Ohio law differentiates felonies, misdemeanors, and minor misdemeanors by the way they punish individuals who commit them. Felonies attract jail sentences that are more than a year and are tried in the Court of Common Pleas in the relevant county.

Misdemeanors are lower-level crimes, often charged as petty theft, simple assault, domestic violence (M1), disorderly conduct, shoplifting, or operating a vehicle impaired (OVI), commonly called DUI.

Minor misdemeanors only attract fines. Offenders do not get any jail time for such crimes. Examples of minor misdemeanor crimes include many traffic and ordinance violations.

Alcohol- and drug-impaired driving (OVI) is tried under R.C. 4511.19. A first OVI is typically classified as an M1 offense, with compulsory minimum penalties (e.g., 3 days’ jail or a driver intervention program, license suspension, and a fine). However, if the offense is a repeat, it can worsen the penalties and lead to felony OVI charges.

Misdemeanor Classes and Penalties in Ohio

Ohio sets maximum jail terms inR.C. 2929.24 and maximum fines in R.C. 2929.28:

• M1: Offenders can get up to 180 days in jail and $1,000 in fines.
• M2: These crimes could attract up to 90 days in jail and $750 fine.
• M3: Offenders can get up to 60 days in jail and $500 fine.
• M4: These crimes could attract up to 30 days in jail and $250 fine.
• Minor misdemeanor (MM): There is no jail sentence, but offenders can pay up to $150 fine.

Judges may put the offender on probation. The court may also ask that they pay restitution, do community service, or attend treatment/counseling. For MMs, courts may order community service instead of a fine. Certain offenses carry mandatory minimums.

A first-offense OVI attracts at least 3 days in jail (or a 72-hour driver-intervention program), a fine (roughly $565–$1,075), and license suspension (usually 6 months to 3 years), with higher minimums for a high test (≥.17 BAC).

Misdemeanor Court Process in Ohio

• Municipal and County Courts: The majority of traffic, ordinance, and misdemeanor cases in Ohio are heard by trial courts with limited jurisdiction.
• Mayor’s Courts: In municipalities where there is no municipal court, a mayor or magistrate hears traffic and misdemeanor ordinance cases. There are no jury trials here. A defendant can get a jury by demanding a transfer to a municipal/county court, and they may also appeal to those courts for a new trial.
• Courts of Common Pleas: This court handles felonies and appeals from municipal/county courts.
• Courts of Appeals: The courts of appeals hear appeals from the trial courts.
• Supreme Court of Ohio: This is the court of last resort in Ohio

The typical process for misdemeanors in Ohio is as follows:

1. Citation or arrest & complaint: Many misdemeanors begin with a citation, but they may also involve an on-view arrest and a prosecutor’s complaint.
2. Arraignment: During this stage, the judge lets the defendant know their rights, accepts a plea, and addresses counsel. In cases where jail time is a possibility, defendants who cannot afford a lawyer are given public defenders. The judge also sets release conditions.
3. Pre-trial: This is when discovery, motions, plea negotiations, and (where available) diversion or treatment-court screening are done.
4. Trial: Usually, a bench or jury trial takes place in a county or municipal court (jury availability and size depend on the charge or the venue). Defendants in the Mayor’s court may ask for a transfer or file an appeal to a different court since such courts are unable to conduct jury matters.
5. Sentencing: Courts may impose any jail, fines/costs, community control, treatment, no-contact orders, and license penalties that are permitted by law.

Misdemeanor Records in Major Ohio Cities

There isn't a single public misdemeanor record platform in Ohio. Instead, every trial court has its own portal. The clerk’s file is considered the official record, although you can see records and basic images using online systems. However, sealed or expunged records and some documents are not available online.

• Columbus (Franklin County): Franklin County Municipal Court has a Records Search platform for criminal and traffic cases and supports online payments for cases where you can waive payments.

For felonies, you can use the Franklin County Clerk of Courts Case Information Online.

• Cleveland (Cuyahoga County):Cleveland Municipal Court provides contact info and links to its case resources. You can find county-level criminal records through the Cuyahoga County Clerk of Courts portal, which includes criminal name and case searches and online payments for court costs.
• Cincinnati (Hamilton County): The Hamilton County Clerk of Courts site offers name and case-number searches across divisions (Municipal Criminal, Traffic, Common Pleas Criminal, and more).

With online records, you will typically see party names, case numbers, charges with citations, settings, Register of Actions, dispositions, sentence terms, and financial balances. You can contact the clerk of court listed on the case for certified copies or documents not found online.

How to Search for Misdemeanor Records in Ohio

1. Start with the local court portal:

Franklin County Municipal Court (Columbus): You can search by name or case and make online payments if eligible.

Cuyahoga County (Cleveland): You may use the Clerk of Courts search for county cases and check for records and payment links using the municipal site.

Hamilton County (Cincinnati): You can use the Clerk ofCourts' “Records Search” hub.

1. If your case was handled in a Mayor’s Court, you can check the appeal or transfer status. The Supreme Court’s Mayor’s Court provides materials that describe the 10-day appeal process and transfer rights.
2. Statewide payment: Some courts participate in OhioTicketPayments.com for offenses that can be waived. You can pay for or look up tickets by choosing your court on the platform.
3. If you need certified copies, you can contact the clerk of the court where the case was filed. The county clerks can also certify records for employers, licensing boards, and immigration.

How Long Does a Misdemeanor Stay on Your Record in Ohio?

Ohio offers two remedies that limit public access to case records: sealing and expungement. In general, misdemeanors can be sealed or expunged after the legal waiting periods if the offense is eligible and the court finds it appropriate. Traffic offenses—including OVI—are excluded from both sealing and expungement.

Waiting periods (measured from “final discharge”, completion of all jail or probation, payment of fines/restitution):

• Minor misdemeanor convictions: Such records are eligible for 6 months.
• Misdemeanor convictions (M1–M4): Such records are eligible for 1 year.
• Bail forfeiture: You can seal or expunge such a record any time after entry.
• Non-convictions (dismissal, not guilty): Such records are eligible immediately upon entry.

What’s not eligible: Ohio lists the categories that are excluded from sealing or expungement. They include all traffic offenses, most felony offenses involving violence, cases with sex offender registration, and domestic violence convictions.

Sealing vs. Expungement: What's the Difference?

• Sealing: While records remain available to courts, law enforcement, and a short list of agencies by statute when they are sealed, they are not accessible to the public.
• Expungement: Under modern Ohio law, expungements remove records from public view and further restrict access.

Both require filing in the sentencing court and are based on the court’s discretion.

OVI/DUI note: An OVI conviction cannot be sealed or expunged under current law. You can only seal or expunge OVI dismissals or not-guilty verdicts.

Without a court order, a misdemeanor conviction will remain on court or agency systems forever, which means it can be viewed by the public. When a record is sealed or expunged, it may not be flagged by regular public background checks, though certain agencies may still be able to see limited information about the case.