Search Ohio Arrest Records Online

What is Considered an Arrest in Ohio?
Are Arrest Records Public in Ohio?
What are the Types of Arrest Records in Ohio?
How Long Do Arrests Stay on the Record in Ohio?
How To Seal or Expunge an Arrest Record in Ohio?

What is Considered an Arrest in Ohio?

The Ohio Revised Code (ORC) Section 2935.03 generally provides the legal framework for law enforcement officers making arrests in the state. As defined by the code, an arrest occurs when a police officer or legal authority restrains or gives verbal or written notice directing the person to stay within a specific area or place.

Therefore, an arrest generally occurs when these three key elements are involved:

A peace officer physically restrains or detains an individual
The individual is deprived of their freedom
The person is taken into custody to answer charges for a criminal offense

Article I, Section 14 of the Ohio Constitution mirrors the Fourth Amendment of the U.S. Constitution, which protects people's right to be secure from unreasonable searches and seizures without good reason. Furthermore, it ensures that arrests comply with the law that warrants for arrest may be issued based on probable cause. The warrant must also describe the arrestee or the place to be searched. Arrests involve several legal steps to balance law enforcement authority with the individual's rights. They typically include:

Custody and Control: Custody is the state of being detained by law enforcement. Arrested individuals become under the control of police officers and are not free to leave. Control is essential for maintaining order and preventing arrested persons from escaping or harming themselves.
Legal Authority: The arresting officer must have proper legal authority to initiate an arrest. All arrests are based on probable cause. In many cases, a judge issues arrest warrants. However, under certain conditions, such as witnessing a crime, law enforcement may make warrantless arrests
Miranda Rights: Law enforcement officers generally must inform arrested individuals of their Miranda rights before interrogation begins. Miranda rights refer to the rights law enforcement officers must inform suspects before conducting custodial interrogations. Typically, it includes the right to remain silent, the right to an attorney, and the right to a court-appointed attorney if the suspect cannot afford legal representation
Restraint and Transport: During arrests, law enforcement may use reasonable force to restrain suspects. Restraint involves using handcuffs, especially when there is concern the person may flee. However, restraining arrested persons must be reasonable and in line with the arrest. Although Ohio statutes do not explicitly mention the use of force, Section 2935.03 of the ORC implies that officers may use force where necessary in making arrests. Law enforcement officers transport the suspect to a police station for further processing. Peace officers must ensure the safety of the detained individuals
Booking Process: The booking process commences immediately when the arrested individuals arrive at the detention facility. The booking process in Ohio typically involves collecting and recording the individual's personal information. It also includes documenting information related to the arrest, typically including fingerprinting, mugshot, charges, personal items seized, and medical screening where necessary

Arrests in Ohio may occur for various reasons, including criminal offenses such as shoplifting, probable cause arrests for traffic violations such as driving under the influence, and civil offenses leading to bench warrant arrests, such as unpaid parking tickets over a period. Other circumstances leading to arrest in the state include arrests based on violating a court order or arrests for a public order offense, such as disorderly conduct.

Arrest differs from detention. Arrests occur when law enforcement takes a person into custody to answer for a crime. Arrests require probable cause and may lead to initiating criminal proceedings. Detention is a temporary restriction of a person's movement for investigation purposes. Detention does not require probable cause. It is usually short-term and does not always lead to an arrest or criminal charges.

What is Unlawful Arrest in Ohio?

An unlawful arrest generally occurs in Ohio when law enforcement officers take a person into custody without following legal procedure. Unlawful arrests violate individual's rights, giving them legal grounds to challenge the arrest in court. The following constitutes illegal arrests in Ohio:

Lack of Probable Cause: An arrest is only legal in Ohio when there is probable cause. Probable cause implies that law enforcement officers have enough proof or evidence that a crime has been committed and the person arrested committed it
Violation of Constitutional Rights: Article I, Section 14 of the Ohio Constitution and the Fourth Amendment protects individuals from unreasonable search and seizures, including arrests. When law enforcement officers violate these protections, the arrest becomes unlawful

Arrest Without a Warrant: While arrests without warrants are legal in Ohio, the majority of arrests require a warrant, especially for crimes not committed in the presence of law enforcement officers. A warrant authorizes police officers to take a person into custody. Where there is no immediate evidence of wrongdoing, arrest without warrants becomes unlawful
Racial Profiling and Discrimination: Any arrest made based solely on a person's skin color, race, religion, gender, nationality, or other discriminatory factors without evidence of the individual breaking the law is unlawful.
Procedural Violations: During arrests, law enforcement officers must follow an official system of apprehending and arresting suspects. Where procedural violence occurs, such as the use of excessive force during arrests or failure to read the Miranda rights, the arrests become illegal

Unlawful arrests may result in serious legal consequences for law enforcement officers. The exclusionary rule is a legal principle in Ohio backed by Section 2933.63 of the O.R.S. It suggests that evidence obtained from unlawful arrests is not admissible in court. Persons arrested unlawfully may file civil rights lawsuits against arresting officers or law enforcement agencies. Per the Civil Rights Act of 1871(42 U.S.C. 1983), individuals may sue government officials, including police officers, for violating their constitutional rights. Unlawful arrests often result in the exclusion of evidence, forcing the prosecutor to drop the charges.

Are Arrest Records Public in Ohio?

Ohio arrest records typically include a wide range of details, from personal information to the charges against the individual. The following general information on arrest records is publicly accessible in Ohio:

Personal information, including the full name, date of birth, address, and physical description
Details of the arrest, including the date, time, and location of the arrest
The arresting officer's name and badge number
The criminal charges filed against the arrested person
The court information
Bail and detention information

In Ohio, mugshots are public records and are open for inspection by anyone. A mugshot is a photograph taken by law enforcement officers during the booking process. They serve as a visual record for identification purposes.

Although Ohio's public records law promotes transparency, there are specific instances where arrest records, or information contained in some arrest records, may be withheld from the public. Arrest records involving juveniles are unavailable to the public. Likewise, sealed or expunged arrest records and arrest records from ongoing criminal investigations are restricted from public view. Sensitive personal information, such as Social Security numbers, driver's license numbers, and financial account information, are redacted from arrest records to protect individuals from identity theft, fraud, and other privacy violations.

What are the Types of Arrest Records in Ohio?

Arrest records are created and maintained by various law enforcement agencies, including local police departments, county sheriff offices, and the Ohio State Highway Patrol. The types of arrest records they maintain vary based on jurisdiction, the offense, and the scope of authority.

Ohio arrest records are available at the county level and state level. County-level arrest records in Ohio are created and maintained by local law enforcement agencies, such as the county sheriff's office or municipal police departments. Typically, arrest records kept at the county level pertain to arrests made within the jurisdiction of the county, city, or municipal and are often for local violations, misdemeanors, and low-level felony offenses.

At the state level, arrest records are part of broader criminal records maintained by the Ohio State Highway Patrol and other agencies such as the Bureau of Criminal Investigation (BCI). The records maintained at the state level provide a comprehensive view of an individual's criminal history, including arrests. State-level records contain arrests for serious felony offenses or cases involving multiple jurisdictions and are often part of a criminal record, which includes past convictions, sentencing, and parole details.

Where are Arrest Records Kept in Ohio?

Arrest records are generally managed by several agencies across Ohio. Each agency keeps different types of information, depending on the nature of the arrest, the crime, and the stage of the legal process. The following details an overview of agencies that maintain arrest records in Ohio and the types of records they hold:

Local Police Departments and Sheriff's Offices: Police departments and county sheriff's offices create and maintain arrest records of incidents within their locale. Typically, arrest records from this level involve minor criminal offenses and local law infractions. The arrest records from the local police departments and sheriff's offices contain details of the arrests, the charges filed, the location of the arrests, booking information

State Police - Ohio State Highway Patrol (OSHP): The OSHP is the state law enforcement agency responsible for arrests related to arrests made during highway patrol activities, traffic stops, and other statewide law enforcement activities. The OSHP handles highway and traffic-related arrests, including traffic violations, accidents, and DUI offenses.
The Ohio Courts: Ohio courts hold records related to legal processes following an arrest. After arrests, the court creates a case file that tracks legal processes, which includes information on charges, hearings, and outcomes. Likewise, the court issues and maintains arrest, bench, and other warrants that result in an arrest
State Department of Criminal Justice - Ohio Bureau of Criminal Investigation (BCI): The BCI, under the office of the Ohio Attorney General's Office, serves as the state's primary agency for maintaining comprehensive criminal records, which includes arrest information
Federal Agencies: Federal agencies, such as the Federal Bureau of Investigation (FBI), maintain arrest records related to federal and interstate crimes records
Correctional Facilities - State and Federal: The Ohio Department of Rehabilitation and Correction, Cincinnati Residential Reentry Management, and the Elkton Federal Correctional Institution maintain records of persons convicted and sentenced. Although they do not create arrest records, they maintain incarceration records, which detail the sentence, parole status, and disciplinary actions during incarceration

How To Find Public Arrest Records in Ohio?

Arrest records are public records accessible by individuals or entities in Ohio. Persons interested in looking up arrest records in Ohio may go through official channels and online resources, typically including:

Local Police Station or County Sheriff's Office: Local law enforcement agencies across Ohio maintain records of arrests and provide the public access to the record. While some local law enforcement agencies offer online access to arrest records, others require filling out a form or written requests submitted in person or via mail. It is essential to contact the specific police department or sheriff's office where the arrest occurred
Ohio Bureau of Criminal Investigation (BCI): At the state level, the BCI provides access to arrest records as part of an individual's criminal record. Primarily, the BCI handles criminal background checks, but they also provide access to arrest records as part of criminal history reports. Record seekers may access the record by furnishing the BCI with the name, address, and other identifying information. Other documents required to access the record typically include a complete set of fingerprints and a signed consent form from the record holder. There is a $22.00 fee payable with a business check or money order
Ohio Courts: Ohio court maintains dockets and case files containing arrest-related information. The state maintains a centralized database providing statewide access to court records through the Public Access to Court Electronic Records (PACER). Alternatively, the clerk of courts maintains records from court proceedings, including arrest records. The records are accessible in person at the courthouse or through mail requests for a fee.
Third-Party Websites: Third-party websites generally aggregate arrest records from various government websites. These platforms provide a centralized database to search arrest records across multiple jurisdictions in Ohio. Third-party websites like RecordsFinder typically collect data from various public records sources, including local, state, and federal databases. The platform offers users a simple and centralized way to access arrest records. Although third-party platforms save time and effort, they come with limitations, including data inaccuracies and the need to pay to access available comprehensive arrest reports

How Long Do Arrests Stay on the Record in Ohio?

Arrest records do not automatically disappear after a certain period in Ohio. They generally remain on a person's criminal record indefinitely unless the record holder actively seeks to have them sealed or expunged. Without this process, arrest records remain part of the individual's criminal history and are accessible to the public, employers, and government agencies.

How To Seal or Expunge an Arrest Record in Ohio?

Individuals arrested may remove or restrict access to their arrest records through sealing or expungement. These processes allow individuals to clear the arrest report off their records.

Expungement: Section 2953.31(2)(b)of the ORS, expungement is the complete removal or destruction of a record. When an arrest record is expunged, the record no longer exists. Expunging is a permanent process that eliminates all traces of the record. In Ohio, expungement is primarily for juvenile arrest records. Juvenile arrest records are eligible for expungement once the individual turns 18. Also, arrests where no charges were filed, charges dismissed, or found not guilty may typically apply to have their arrest records expunged. Adult arrest records, especially those resulting in convictions, are not eligible for expungement. Individuals may pursue sealing the arrest records.
Sealing: Sealing arrest records hide the report from public view. Sealed arrest records still exist but are no longer visible or accessible to the general public or most employers. However, law enforcement, government agencies, and certain employers may still access sealed arrest records. Most arrest records are sealed instead of expunged in Ohio. Per Section 2953.32(B)(1)(b) of the ORC, arrests resulting in a conviction for a minor misdemeanor are eligible to seal the record after six months, misdemeanors and fourth and fifth-degree felonies after one year, third-degree felonies at least three years, ad felonies up to 10 years

Eligible offenders may apply to expunge their arrest records at the court where the case was handled. The application to seal arrest records begins with filing a petition. Once filed, the courts will schedule a hearing to review the request. After the review, the judge approves or denies the petition. If the court approves the request, the arrest record is sealed, becoming inaccessible.