1. Charges filed, arrest or citation
2. Arraignment/Initial Appearance – Defendant must enter initial plea (one of the following):

   a. Guilty – defendant is convicted, and then sentenced, no trial
   b. No Contest – admission of the facts in the prosecuting instrument, facts can not be used against the defendant in a later civil trial
   (For pleas of guilty and not guilty – the court will likely sentence the defendant the same day or not long after entering plea)
   c. Not Guilty
   d. Not Guilty by Reason of Insanity – must be plead at the time of arraignment
   (For pleas of not guilty and not guilty by reason of insanity, case proceeds to trial)

3. Discovery

   where the prosecution and defense exchange evidence planned to be used during trial

4. Pre-Trail Motions

   any defense, objection, evidentiary issue, or request that is capable of determination prior to trial.
   The most common is the motion to suppress evidence from being admitted. (Settlements are often reached during this period)

5. Filing of Notice of Alibi

   must file no less than 7 days before trial

6. Pre-Trail Conference
7. Trial
8. Sentencing

   *if convicted

9. Appeal

• a. Nature and circumstances of the offense or offenses;
• b. History of persistent criminal activity and that the offender's character and condition reveal a substantial risk that the offender will commit another offense;
• c. Offender's history, character, and condition reveal a substantial risk that the offender will be a danger to others and that the offender's conduct has been characterized by a pattern of repetitive, compulsive, or aggressive behavior with heedless indifference to the consequences;
• d. Whether the victim's youth, age, disability, or other factor made the victim particularly vulnerable to the offense or made the impact of the offense more serious;
• e. Whether the offender is likely to commit future crimes in general;
• f. Whether the offender has an emotional, mental, or physical condition that is traceable to the offender's service in the armed forces of the United States;
• g. The offender's military service record.

1. Initial Appearance – charges are read to the defendant, and defendant is given right to counsel
2. Preliminary Hearing – to determine probable cause, unless waived by defendant, to determine probable cause
3. Grand Jury – to determine whether or not to indict
4. Arraignment – defendant enters a plea

   a. Guilty – defendant is convicted, and then sentenced, no trial
   b. No Contest – admission of the facts in the prosecuting instrument, facts cannot be used against the defendant in a later civil trial For pleas of guilty and not guilty – the court will likely sentence the defendant the same day or not long after entering plea
   c. Not Guilty
   d. Not Guilty by Reason of Insanity – must be plead at the time of arraignment

5. Pre-Trial Motions – must be made before trial (motion to suppress is most common)
6. Discovery – where the prosecution and defense exchange evidence planned to be used during trial
7. Notice of Alibi – must be filed seven days before trial
8. Pre-Trial Conference - judge, prosecutor, defense attorney & law enforcement representative meet to discuss case
9. Trial
10. Sentencing - if convicted
11. Appeal

“No person shall operate any vehicle...under the influence of alcohol, a drug of abuse, or a combination of them.” (ORC 4511.19 A1a)

The state of Ohio believes that just because someone has made a mistake at one point in their life, that mistake should not haunt them for the rest of their life. The state of Ohio allows certain criminal offenses to be sealed. At SLF we are strong advocates of record sealing, and we look forward to helping our clients remove past indiscretions from their record and start a new chapter in life.
If you have previously been convicted of a felony or misdemeanor, please contact our office for a consultation for record sealing.
Below are some basic facts about the record sealing process in Ohio.

1. Record Sealing

   a. Eligibility

   i. Five or less offenses
   ii. Felonies of the 4th or 5th Degree
   iii. Misdemeanors
   ***Excludes offense of violence or felony sex offense***

   b. Time Period for Filing

   i. Three years after the discharge of felony
   ii. Four years after discharge if convicted of two felonies
   iii. Five years after discharge if convicted of 3,4 or 5 (b)
   iv. One year after discharge of misdemeanor

   c. Process

   i. File an application
   ii. Four years after discharge if convicted of two felonies
   iii. Five years after discharge if convicted of 3,4 or 5 (b)
   iv. One year after discharge of misdemeanor