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Ohio Revised Code

Ohio Rev. Code § 2937.07 (2026)

Court action on pleas of guilty and no contest in misdemeanor cases

✓ current as of May 2026
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Effective:
September 17, 2010
Latest Legislation:
House Bill 338 - 128th General Assembly
PDF:
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If the offense is a misdemeanor and the accused pleads guilty to the offense, the court or magistrate shall receive and enter the plea unless the court or magistrate believes that it was made through fraud, collusion, or mistake. If the court or magistrate believes that it was made through fraud, collusion, or mistake, the court or magistrate shall enter a plea of not guilty and set the matter for trial pursuant to Chapter 2938. of the Revised Code. Upon receiving a plea of guilty, the court or magistrate shall call for an explanation of the circumstances of the offense from the affiant or complainant or the affiant's or complainant's representatives unless the offense to which the accused is pleading is a minor misdemeanor in which case the court or magistrate is not required to call for an explanation of the circumstances of the offense. After hearing the explanation of circumstances, together with any statement of the accused or after receiving the plea of guilty if an explanation of the circumstances of the offense is not required, the court or magistrate shall proceed to pronounce the sentence or shall continue the matter for the purpose of imposing the sentence.

A plea to a misdemeanor offense of "no contest" or words of similar import shall constitute an admission of the truth of the facts alleged in the complaint and that the judge or magistrate may make a finding of guilty or not guilty from the explanation of the circumstances of the offense. If the offense to which the accused is entering a plea of "no contest" is a minor misdemeanor, the judge or magistrate is not required to call for an explanation of the circumstances of the offense, and the judge or magistrate may base a finding on the facts alleged in the complaint. If a finding of guilty is made, the judge or magistrate shall impose the sentence or continue the case for sentencing accordingly. A plea of "no contest" or words of similar import shall not be construed as an admission of any fact at issue in the criminal charge in any subsequent civil or criminal action or proceeding.
Notes of Decisions
Cited in 156 cases (44 in the last 5 years), 1971–2026 · leading case: Berea v. Moorer, 2016 Ohio 3452 (Ohio Ct. App. 2016).
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Berea v. Moorer, 2016 Ohio 3452 (Ohio Ct. App. 2016). · cites it 19× “R.C. 2937.07 — Explanation of Circumstances {¶7} For the purposes of judicial clarity, we review Moorer’s assignments of error out of order.”
Girard v. Giordano (Slip Opinion), 2018 Ohio 5024 (Ohio 2018). · cites it 9× “" R.C. 2937.07. John Giordano pleaded no contest to a charge of cruelty to animals for beating his dog.”
City of Cuyahoga Falls v. Bowers, 459 N.E.2d 532 (Ohio 1984). · cites it 12× “The question certified to this court by the court of appeals “is whether the provision in R.C. 2937.07 for an explanation of circumstances following a plea of no contest has been superseded by the enactment of Crim.”
State v. Fields, 2017 Ohio 400 (Ohio Ct. App. 2017). · cites it 6× “Pursuant to R.C. 2937.07, the trial court in a misdemeanor case is required to hear an explanation of the circumstances surrounding the offense and then determine whether the facts are sufficient to convict on the misdemeanor offense.”
State v. Schornak, 2015 Ohio 3383 (Ohio Ct. App. 2015). · cites it 12× “{¶ 6} Under his First Assignment of Error, Schornak contends his no-contest plea to animals at large should be overturned and his conviction reversed because the trial court failed to obtain an explanation of the circumstances of the offense prior to finding him guilty as…”
State v. Brown, 2017 Ohio 678 (Ohio Ct. App. 2017). · cites it 9× “R.C. 2937.07 states, in pertinent part, A plea to a misdemeanor offense of “no contest”…shall constitute an admission of the truth of the facts alleged in the complaint and that the judge or magistrate may make a finding of guilt or not guilty from the explanation of the…”
State v. Korossy, 2017 Ohio 7275 (Ohio Ct. App. 2017). · cites it 11× “THE TRIAL COURT COMMITTED REVERSIBLE ERROR AND VIOLATED APPELLANT'S FEDERAL AND STATE CONSTITUTIONAL RIGHT TO DUE PROCESS BY FINDING HIM GUILTY AFTER A "NO CONTEST" PLEA WITHOUT EXPLANATION OF THE CIRCUMSTANCES OR ANY ADHERENCE TO CRIM.”
State v. James, 2016 Ohio 4662 (Ohio Ct. App. 2016). · cites it 12× “That plea hearing transcript is not in the record.”
State v. Holley, 2020 Ohio 5104 (Ohio Ct. App. 2020). · cites it 12× “11 and R.C. 2937.07 in accepting his plea. The State has conceded error.”
Berkemer v. McCarty, 468 U.S. 420 (1984). · cites it 2× “[2] Ohio Rev. Code Ann. § 2937.07 (1982) provides, in pertinent part: "If the plea be `no contest' or words of similar import in pleading to a misdemeanor, it shall constitute a stipulation that the judge or magistrate may make [a] finding of guilty or not guilty from the…”
City of Cleveland v. O'Donnell, 2018 Ohio 390 (Ohio Ct. App. 2018). · cites it 10× “Specifically, appellant argues that his no contest plea was invalid, the trial court failed to enter a finding of guilt after he entered the no contest plea nor made the required explanation of circumstances pursuant to R.C. 2937.07, and the trial court erred by resentencing him.”
State v. Waddell, 646 N.E.2d 821 (Ohio 1995). · cites it 6× “We hold R.C. 2937.07 requires that a court need only consider the explanation of circumstances by the state before it passes judgment.”
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