What Is an F3 Felony in Ohio? Sentences, Fines, and Sealing

A third-degree felony in Ohio, often shortened to an F3 felony in Ohio, is a mid-level felony punishable by 9 to 36 months in prison for most offenses, or 12 to 60 months for certain violent and sexual crimes, along with a fine of up to $10,000.¹ It sits in the middle of Ohio’s five felony tiers, more serious than a fourth- or fifth-degree felony but less severe than a first or second. A conviction also triggers consequences that reach well beyond the courtroom: voting restrictions while incarcerated, a firearm ban that does not expire on its own, and barriers to professional licensing and employment.

Prison Time for an F3

Ohio splits third-degree felonies into two sentencing tiers based on the nature of the offense. The tier controls both the floor and the ceiling of any prison term the judge can impose.

Standard F3 Offenses: 9 to 36 Months

Most third-degree felonies fall in the standard tier. If the judge imposes prison, the sentence is a definite term chosen from this set: 9, 12, 18, 24, 30, or 36 months.² Theft at the F3 threshold, perjury, tampering with evidence, and most F3 drug trafficking offenses sit in this tier.

Elevated F3 Offenses: 12 to 60 Months

A specific list of F3 crimes carries a higher range. These include involuntary manslaughter, vehicular homicide, sexual battery, gross sexual imposition, unlawful sexual conduct with a minor, domestic violence, repeat robbery or burglary offenses (where the offender has two or more prior convictions for robbery or burglary), repeat OVI offenses elevated to a felony, and failure to comply with a police officer’s signal when the violation is especially dangerous.² For these, the judge chooses from definite terms of 12, 18, 24, 30, 36, 42, 48, 54, or 60 months.

The gap between tiers is real. A first-time robbery conviction tops out at 36 months, but a third conviction for robbery or burglary pushes the ceiling to 60 months.

When Prison Is Required and When It Isn’t

For most F3 convictions, the judge has broad discretion. There is no statutory presumption for or against prison, which is different from F1 and F2 offenses (where prison is presumed) or many F4 and F5 offenses (where community control is favored).¹ The court weighs the seriousness of the conduct, the offender’s criminal history, and the risk of reoffending.

Some F3 offenses do carry a presumption in favor of prison. These generally cover violent crimes and some sex offenses where the statute points the court toward incarceration. The offender can rebut the presumption only by showing that prison is inconsistent with the purposes of sentencing and that community control would adequately protect the public. In a smaller set of cases involving mandatory prison provisions, the judge has no choice and must send the offender to prison.

Fines and Restitution

The maximum fine for an F3 is $10,000.¹ That amount is separate from restitution, which the court must order when a victim suffered economic loss. Restitution covers the actual financial harm and can include costs the victim incurred, such as accounting or auditing fees, in determining the extent of the loss.

Courts can also order the offender to reimburse the government for prosecution, confinement, or supervision costs. These obligations often follow the offender for years after any prison sentence ends.

Community Control as an Alternative

Because most F3 felonies carry no presumption of prison, a judge can impose community control (Ohio’s term for probation) instead of incarceration. Community control can last up to five years and comes with conditions tailored to the case.³

Every offender on community control must obey the law and stay in Ohio unless given permission to leave. Beyond that, courts commonly order random drug testing, substance abuse treatment, mental health counseling, curfews, and community service. Supervision runs through the county probation department, or the Adult Parole Authority in counties without one.

Violations carry real risk. A judge can extend supervision, add stricter conditions, order time in a halfway house or community-based correctional facility, or revoke community control and impose the full prison term that was available at the original sentencing.³ A failed drug test or a new arrest while on community control can put someone behind bars who initially avoided it.

Common F3 Offenses

The list of crimes classified as third-degree felonies is long, but these come up repeatedly:

Robbery: taking property from another person by force or threatening force.
Burglary: breaking into an occupied building with intent to commit a crime inside.
Vehicular assault: causing serious physical harm while driving under the influence or recklessly.
Perjury: knowingly making a false statement under oath in a court proceeding or official matter.
Tampering with evidence: altering, destroying, or concealing evidence to impair its availability in a legal proceeding.
Having weapons while under disability: possessing a firearm after a conviction for a violent felony or a drug offense.

Drug Offenses at the F3 Level

Ohio drug sentencing is driven by the substance and the quantity. The thresholds that push a trafficking charge into F3 territory include:⁴

Cocaine: 5 to 20 grams.
Heroin: 5 to 10 grams, or 1 to 5 grams near a school or juvenile.
Marijuana: 1,000 to 20,000 grams.
LSD: 50 to 250 unit doses in solid form.
Other Schedule I or II drugs: an amount equal to or exceeding the bulk amount but less than five times the bulk amount.
Schedule III, IV, or V drugs: an amount equal to or exceeding five times the bulk amount but less than fifty times the bulk amount.

Trafficking any controlled substance near a school, near a juvenile, or near a substance addiction treatment provider can elevate a lower-degree offense to an F3 even if the quantity alone wouldn’t reach that threshold.⁴

Supervision After Prison

Post-release control (PRC) is the period of supervision that follows a prison sentence. Whether it is mandatory and how long it lasts depends on the type of F3 offense.⁵

F3 sex offenses: five years of mandatory PRC, with no discretion for the Parole Board to waive it.
F3 violent offenses that are not sex offenses: mandatory PRC of one to three years, with the Parole Board setting the length.
All other F3 felonies: PRC is discretionary and may run up to three years, but the Parole Board is not required to impose any.

Violating PRC can result in stricter conditions, longer supervision, or a return to prison.

Life After an F3 Conviction

Court-imposed penalties are only part of the picture. An F3 conviction carries collateral consequences that outlast the sentence itself.

Voting

A person incarcerated for a felony cannot vote in Ohio. Once released from prison, voting rights return automatically; the disqualification applies only while someone is currently incarcerated.⁶ You do not need to finish post-release control or community control before registering again.

Firearms

Anyone convicted of a felony offense of violence or a felony drug offense is prohibited from possessing a firearm or dangerous weapon. This ban does not lift when the sentence ends. Restoring firearm rights requires a legal remedy such as a pardon or a court order lifting the disability.⁷ Possessing a firearm in violation of this rule is itself a third-degree felony.

Jury Service and Public Office

A felony conviction makes a person ineligible to serve on a jury or hold public office while the conviction stands. Jury eligibility returns after the offender completes all supervision, including PRC and community control. The bar on holding public office can be lifted only by a full pardon.⁸

Employment and Licensing

Background checks routinely surface felony convictions, and employers in healthcare, education, finance, and government often treat them as disqualifying. Licensing boards in fields such as teaching, nursing, and law may deny or revoke a license based on a felony conviction, though some allow applicants to show rehabilitation after a waiting period. Rules vary by profession, so checking directly with the relevant board is the only reliable way to know where you stand.

Sealing or Expunging an F3

Some F3 convictions can eventually be sealed, which removes the record from most public background checks. Expungement, which destroys the record, becomes available on a longer timeline. Neither option is open to every F3 offender.

Convictions That Cannot Be Sealed

The following F3 convictions are permanently ineligible for sealing or expungement:⁹

Felony offenses of violence that are not sexually oriented offenses.
Sexually oriented offenses when the offender is subject to sex offender registration.
Offenses where the victim was under 13 (with a narrow exception for nonsupport cases).
F3 convictions where the offender has more than one other felony conviction. The statute does allow sealing if someone has exactly two F3 convictions and no more than two additional misdemeanor convictions, but any felony beyond those two closes the door.

Waiting Periods

For an eligible F3, the offender must wait three years after final discharge from the sentence, meaning the end of any prison term, community control, and PRC. The clock does not start while any part of the sentence is still being served.⁹ The court then weighs rehabilitation, the circumstances of the offense, and the public interest before deciding.

Expungement, which physically destroys the record, becomes available ten years after the offender first became eligible for sealing. In practice, that means at least thirteen years after final discharge, and the same exclusions that bar sealing also bar expungement.⁹

How Long Prosecutors Have to File

Prosecutors generally have six years from the date an F3 was committed to bring charges. After that, prosecution is barred. Some serious offenses carry longer or unlimited limits, but six years covers the great majority of F3 crimes.¹⁰

1
Supreme Court of Ohio. Felony Sentencing Quick Reference Guide
2
Ohio Legislative Service Commission. Ohio Revised Code 2929.14 – Definite Prison Terms
3
Ohio Legislative Service Commission. Ohio Revised Code 2929.15 – Community Control Sanctions, Felony
4
Ohio Legislative Service Commission. Ohio Revised Code 2925.03 – Trafficking, Aggravated Trafficking in Drugs
5
Ohio Legislative Service Commission. Ohio Revised Code 2967.28 – Post-Release Controls
6
Ohio Secretary of State. Restore Your Right
7
Ohio Legislative Service Commission. Ohio Revised Code 2923.13 – Having Weapons While Under Disability
8
Ohio Legislative Service Commission. Ohio Revised Code Chapter 2961 – Disfranchised Convicts
9
Ohio Legislative Service Commission. Ohio Revised Code 2953.32 – Sealing or Expungement of Record of Conviction
10
Ohio Legislative Service Commission. Ohio Revised Code 2901.13 – Statute of Limitations for Criminal Offenses