Ohio Arrest Records
Ohio arrest records are public records under the state’s Sunshine Laws and can be found in an individual’s criminal history information. Such records may also refer to arrests even if no penalties or convictions exist. Since arrest records are public information, anyone can request or search for them using government-provided websites or other third-party sites offering the same information, which usually includes the following:
- Name
- Date of birth
- Gender
- Date and place of the arrest
- Details of the alleged offense
- Details for bond or bail conditions
- Information on the arresting officer
- Information on the issuer of the arrest warrant
- The expiry date of the arrest warrant
An arrest record cannot be automatically considered a criminal record unless followed by a conviction.
What Laws Govern Arrests in Ohio?
Chapter 2935 of the Ohio Revised Code dictate the laws that govern arrest made in the state.
Below are some of the rules that the public need to be familiar with:
Section 2 - a person whose name appears on a warrant of arrest in Ohio can be arrested in any county.
Section 3 - a person of authority can arrest and detain a person found guilty of violating the limits of an authority’s jurisdiction, even without an arrest warrant. A person of authority may include, but is not limited to, the following:
- Sheriff and their deputies
- Marshal and their deputies
- Police officer
- Township constable
- Peace officer
- House sergeant at arms
- Senate sergeant
Section 4 - any person, referring to the general public and without authority, can arrest and detain a person who is found guilty of committing a felony while a warrant is being obtained.
Section 6 - the person who is arrested without a warrant should be taken before an attorney, magistrate, or court with jurisdiction of the committed offense. The person who made the arrest should file an affidavit without delay in order to get a warrant.
Section 7 - a person arrested without a warrant shall be informed of the cause of the arrest unless the person involved committed a criminal offense.
Note also that Miranda rights are not required when making an arrest in Ohio. However, an alleged suspect should be read their Miranda rights before any form of questioning or interrogation.
What Is the Arrest Booking Process in Ohio?
The booking process for individuals in Ohio starts right after an arrest and is done at a police station. The booking process can take a few hours to complete and entails the following:
- Getting an alleged suspect’s personal information like their full name
- Taking a mug shot to establish physical condition during the arrest.
- Taking an alleged suspect’s personal property and clothing. In some cases, the police can confiscate items that they believe are evidence of a crime or constitutes contraband.
- Fingerprinting the suspect and entering their information in an FBI-maintained database.
- Performing a full body search, including a strip search if necessary, to ensure that no drugs or weapon enters the detaining facility.
- Checking for warrants to see if an arrested suspect has any other warrants or charges to their name.
- Health screening to ensure the safety of other inmates and also jail officials.
- Performing routine questioning for any additional relevant information.
What Are Ohio Mugshot Records?
Mug shots are considered public records and are available as added information on a person’s Ohio arrest records. The state’s inmate database can contain mugshots, and other third-party sites available offering the same information. A mugshot helps law enforcement agencies identify offenders since some may change their names by using another alias.
How Long Does an Arrest Record Stay in Ohio?
Ohio arrest records will remain for as long as the record is somehow expunged or sealed from the public.
How To Expunge an Arrest Record in Ohio
Compared to other states where an arrested person can expunge an arrest and criminal record, Ohio follows a waiting period to expunge convictions.
The waiting time will also depend on the kind of conviction. For example, there is no waiting time for an arrest record to be expunged if the case is dismissed or a “not guilty” verdict. A waiting period of one (1) year applies for a misdemeanor conviction. For felonies, one conviction has a waiting period of three years, two convictions for four years, and three felonies for five years.
Once the waiting period is done, an offender can expunge their Ohio arrest records by filing an expungement form request with the necessary information. Once this is done, a probation officer will perform a background check and prepare a written report that will be submitted to the county court or the court of jurisdiction. The court will then schedule a hearing and determine if the request is eligible for expungement.
Filing for an expungement comes with a fee that ranges from $50 to $250, depending on the county. Section 36 of the Ohio Revised Code also states that some convictions cannot be expunged, including:
- Felony charges
- First-degree misdemeanor crimes
- Rape, sexual battery
- Sexual crimes involving a minor
- Forfeiting bail for a traffic case
Once an arrest record is expunged, it will no longer be available to the public.
How To Search Ohio Arrest Records
As a public record, anyone can look up their Ohio arrest records unless it has been expunged. Arrest records are available at every local law enforcement agency in Ohio. For a more thorough check, individuals can file a search using a Webcheck for a complete criminal history report, including all arrests. Note that a BCI check comes with a $27 fee, while FBI checks are also available for $30.
Otherwise, the public may use third-party sites like InfoPay to look for Ohio arrest records. Note that information may vary and may only sometimes be accurate depending on the source.
Counties in Ohio
- Adams
- Allen
- Ashland
- Ashtabula
- Athens
- Auglaize
- Belmont
- Brown
- Butler
- Carroll
- Champaign
- Clark
- Clermont
- Clinton
- Columbiana
- Coshocton
- Crawford
- Cuyahoga
- Darke
- Defiance
- Delaware
- Erie
- Fairfield
- Fayette
- Franklin
- Fulton
- Gallia
- Geauga
- Greene
- Guernsey
- Hamilton
- Hancock
- Hardin
- Harrison
- Henry
- Highland
- Hocking
- Holmes
- Huron
- Jackson
- Jefferson
- Knox
- Lake
- Lawrence
- Licking
- Logan
- Lorain
- Lucas
- Madison
- Mahoning
- Marion
- Medina
- Meigs
- Mercer
- Miami
- Monroe
- Montgomery
- Morgan
- Morrow
- Muskingum
- Noble
- Ottawa
- Paulding
- Perry
- Pickaway
- Pike
- Portage
- Preble
- Putnam
- Richland
- Ross
- Sandusky
- Scioto
- Seneca
- Shelby
- Stark
- Summit
- Trumbull
- Tuscarawas
- Union
- Van Wert
- Vinton
- Warren
- Washington
- Wayne
- Williams
- Wood
- Wyandot