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Ohio

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Prosecutorial Review

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to arrest the judgment, for an acquittal, to withdraw the plea, to be resentenced, or for a new trial based on new evidence or legal errors in the proceedings.
  • Victims can receive information about post-trial motions from the County Prosecutor’s Office where the case was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The County Prosecutor represents the state on direct appeal. To receive appeal updates, victims can contact the County Prosecutor’s Office where the case was prosecuted. 

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The County Prosecutor typically represents the State in state post-conviction proceedings. To receive updates on the state post-conviction process, victims can contact the County Prosecutor’s Office where the case was prosecuted.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Ohio law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Appeals Section of the Office of the Solicitor General, a division of the Attorney General’s Office, represents the State in federal habeas corpus proceedings. To receive updates, victims can complete an Ohio Victims’ Rights Request Form and return it to the County Prosecutor’s Office where the case was prosecuted.

Early Release Programs

These programs can include parole, release as if on parole, medical parole, judicial release, or earning “credits” in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Ohio, including parole, release as if on parole, medical parole, judicial release, or earning “credits” for good behavior, maintaining a minimum-security classification in prison, or participating in vocational, rehabilitative, educational or other programs.
  • Victims can track the status of an incarcerated person through the Ohio Department of Rehabilitation and Corrections (DRC)search. Victims of certain felony crimes will automatically receive notification of custody changes and early release programs. Other victims must request notifications by submitting a Victim’s Rights Request Form. Victims can also register with Ohio’s Victim Notification and Information Everyday (VINE) system. To ensure notification, victims can register for notifications from the DRC.  For parole notification, victims can register through the Victim Notification Section of the Ohio Parole Board. For assistance with notifications, victims can contact the DRC’s Office of Victim Services at 614-728-1976 1-888-842-8464 or via email at  DRC.Victim.Services@odrc.state.oh.us.

Prosecutorial Review

Prosecutors can reconsider the conviction to be sure it is just.

Clemency

In rare cases, the governor may grant the convicted person relief from their conviction or sentence.
  • The governor can grant clemency to people convicted under Ohio law. The Parole Board supports the governor in this work. In Ohio, clemency typically takes the form of a pardon (which forgives a conviction), a commutation (which shortens a person’s sentence), or a reprieve (which temporarily delays a person’s sentence).
  • For clemency information, victims can contact the Ohio Parole Board by calling (614) 752-1200 or 1-888-344-1441. The policies applicable to the Board’s clemency process are available here.

Victims Rights
Post-Conviction

In Ohio, victims have the right to:
  • Be treated with fairness and respect for the victim’s safety, dignity, and privacy
  • Notification of an appeal and a brief explanation of the appellate process 
  • Notification if the convicted person is released pending appeal*
  • Notification of the time and place of appellate court proceedings and the result of the appeal*
  • Prompt conclusion to the case
  • Notification of a pending release of the convicted individual, including parole and clemency proceedings*
  • Be heard at release hearings and clemency proceedings
  • Prompt notification of escape, apprehension, or death of the convicted individual*
  • Request restitution and apply for victims’ compensation

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, Ohio’s Crime Victim Compensation Fund reimburses victims for expenses related to the crime, such as medical care, lost wages, and funeral and burial expenses.
  • Victims may request help with unpaid restitution through the Ohio Crime Victim Justice Center. Victims can review the guidelines and application for Ohio’s Crime Victim Compensation Fund and review the application online. For assistance with compensation applications, victims can call the Victim Services Division of the Ohio Attorney General’s Office at 800-582-2877. Claims must be filed within 3 years of the crime.
Click here to learn more about the post-conviction process and victims’ rights in Ohio

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