How to Find Ohio Misdemeanor Records

Misdemeanors are low degree crimes such as petty theft, driving under influence or DUI, simple assaults, public nuisance, traffic violations, gambling, disorderly conduct, trespassing, domestic violence, carrying concealed weapons etc. Misdemeanors under laws of the state of Ohio include all aforementioned offenses. Misdemeanors are less serious offenses relative to felonies.

Classification of Misdemeanors

An Ohio misdemeanor punishment can be hefty fines, a sentence in jail, loss of freedom like suspension of driver’s license or a probation period. Any Ohio misdemeanor can be classified according to the punishment. The classification of misdemeanor penalties in Ohio is given as follows:

•    1st degree: Misdemeanors resulting in a sentence to jail for a maximum duration of 6months and/or a fine not exceeding $1,000 are a first degree misdemeanor under the laws of the state of Ohio.

•    2nd degree: A second degree misdemeanor is one that upon conviction leads to a 90 days jail sentence and a fine not more than $750.

•    3rd degree: A third degree misdemeanor is one which results in a jail sentence not more than 60 days or a fine of $500 or both.

•    4th degree: a fourth degree misdemeanor is less severe than the other three and the offender may have to serve a jail sentence of 30 days and a fine of maximum $250 or both.

•    Minor: This class of misdemeanors does not result in any jail sentence if proved. The guilty has to pay a fine, the amount not more than $150

Purpose of Sentencing

Chapter 2929.21 of the Ohio Revised Code states that the purpose of misdemeanor sentencing is to protect the general public from future crimes and criminals and also to punish the convicted misdemeanor offenders. The sentencing court decides on a perfect sentence for the offender based on the following factors:

1.    The kind of the offense and the conditions under which it was committed.

2.    Whether the offender has past criminal records and if he or she poses risk of repeating the offense.

3.    Whether a significant risk of crime repeat is posed by the offender and whether the offender’s behavioral pattern exhibits any compulsive and aggressive behavior with no heed to the consequences.

4.    Whether the impact of the misdemeanor was enhanced due to the victim’s age or mental condition.

5.    Whether the offender has a risk of committing crimes other than the ones mentioned above.

Other than these, the court shall also consider any written statement that the offender or the victim or either of the attorneys of the involved parties makes. The court imposes the longest jail sentences to the criminals who are found guilty of committing the worst kinds of misdemeanor offenses.

In order to read about the purpose of misdemeanor sentencing, the determination of the appropriate sentence of the crime and jail terms for different misdemeanors visit the following web pages:

•    http://codes.ohio.gov/orc/2929.21

•    http://codes.ohio.gov/orc/2929.22

•    http://codes.ohio.gov/orc/2929.24

Misdemeanor Records

A criminal background check in Ohio will reveal information on misdemeanors and criminals convicted for misdemeanors. To perform a criminal background check, contact the office located at West Broad Street. The address is Charles D. Shipley Building, 1970 West Broad Street, PO Box 182081, Columbus, OH 43218-2081.The cost of obtaining a report is $22 -$24.

Expungement of Records

A misdemeanor criminal record can harm anybody’s reputation and may make it difficult for the person to get employment. Many employers perform background checks on prospective employees before they recruit them. Expungement of misdemeanor records will lead to permanent sealing of the records. Once expunged, the records are not available to anyone anymore. Ohio Revised Code 2953.32 enumerates the particulars of the laws related to the sealing of the records. The rules vary depending on whether the offender is an adult or if the individual has requested expungement after being declared not guilty by the court or whether the offender is a juvenile and if the request is for a federal expungement. Any person charged and arrested for a misdemeanor, with bail forfeiture in effect, may apply for expungement of the record of his or her case. It is mandatory for the individual to direct the request to the court where the misdemeanor case was heard.

In case of juvenile Ohio misdemeanor records, expungement is defined by the law as permanently destroying the records thereby making them irretrievable by anyone. Sealing records on the other hand implies removing the records from the main storage file and securing it separately so that the records are accessible by the juvenile court only. The official website of The Cleveland Law Library Association has all the laws written in detail. If you are to request for expungement or sealing of the misdemeanor records of a case against you, knowledge of the laws of the state will help you understand the procedures better. Visit the site by copying http://www.clelaw.lib.oh.us/Public/Misc/FAQs/http://www.peoplepublicrecords.org/Expungement.html#juvenile.