(A) Except as provided in division (B) of this section, prior to accepting a plea of guilty or a plea of no contest to an indictment, information, or complaint charging a felony or a misdemeanor other than a minor misdemeanor if the defendant previously has not been convicted of or pleaded guilty to a minor misdemeanor, the court shall address the defendant personally, provide the following advisement to the defendant that shall be entered in the record of the court, and determine that the defendant understands the advisement:
"If you are not a citizen of the United States, you are hereby advised that conviction of the offense to which you are pleading guilty (or no contest, when applicable) may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States."
Upon request of the defendant, the court shall allow him additional time to consider the appropriateness of the plea in light of the advisement described in this division.
(B) The court is not required to give the advisement described in division (A) of this section if either of the following applies:
(1) The defendant enters a plea of guilty on a written form, the form includes a question asking whether the defendant is a citizen of the United States, and the defendant answers that question in the affirmative;
(2) The defendant states orally on the record that he is a citizen of the United States.
(C) Except as provided in division (B) of this section, the defendant shall not be required at the time of entering a plea to disclose to the court his legal status in the United States.
(D) Upon motion of the defendant, the court shall set aside the judgment and permit the defendant to withdraw a plea of guilty or no contest and enter a plea of not guilty or not guilty by reason of insanity, if, after the effective date of this section, the court fails to provide the defendant the advisement described in division (A) of this section, the advisement is required by that division, and the defendant shows that he is not a citizen of the United States and that the conviction of the offense to which he pleaded guilty or no contest may result in his being subject to deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.
(E) In the absence of a record that the court provided the advisement described in division (A) of this section and if the advisement is required by that division, the defendant shall be presumed not to have received the advisement.
(F) Nothing in this section shall be construed as preventing a court, in the sound exercise of its discretion pursuant to Criminal Rule 32.1, from setting aside the judgment of conviction and permitting a defendant to withdraw his plea.
Notes of Decisions
Cited in 134
cases (16 in the last 5 years), 1992–2026 · leading case: State v. Francis, 820 N.E.2d 355 (Ohio 2004).
State v. Francis, 820 N.E.2d 355 (Ohio 2004). · cites it 97ד{¶ 1} This appeal involves R.C. 2943.031, which supplies the language a trial court accepting a plea of guilty or no contest is to use to warn a noncitizen criminal defendant of the possible consequences (deportation, exclusion, or denial of naturalization) of a criminal…”
State v. Romero (Slip Opinion), 2019-Ohio-1839, 129 N.E.3d 404. · cites it 27ד11 and with the advisement requirements of R.C. 2943.031 regarding the consequences of a guilty plea on a defendant’s immigration status.”
State v. Cardenas, 2016-Ohio-5537, 61 N.E.3d 20. · cites it 34דIn the motion, Cardenas argued that the trial court did not properly advise him at the plea hearing of the potential consequences his guilty plea would have on his immigration status as required by R.C. 2943.031. Cardenas also argued that he received ineffective assistance of…”
State v. Weber, 707 N.E.2d 1178 (Ohio Ct. App. 10th Dist. 1997). · cites it 59דThereafter, the court conducted, through an interpreter, a plea dialogue with appellant but did not give the advisement regarding the possible deportation consequences of her guilty plea as required by R.C. 2943.031. The trial court accepted appellant’s plea and on December 17,…”
State v. Leon, 2019-Ohio-1178. · cites it 74דThe trial court erred in denying Defendant/Appellant’s Motion to Withdraw His Guilty Plea pursuant to O.R.C. 2943.031 solely on the basis of timeliness.”
State v. Bravo, 2017-Ohio-272. · cites it 32דASSIGNMENT OF ERROR II THE COURT FAILED TO GIVE THE VERBATIM ADVISEMENT REQUIRED UNDER ORC 2943.031[.] {¶15} Bravo argues that the trial court erred by denying her motion to withdraw her guilty plea because the trial court failed to provide her with the statutory advisement as…”
State v. Reyes, 2016-Ohio-2771. · cites it 34דR.C. 2943.031 {¶ 15} R.C. 2943.031(A) requires that a trial court personally address a defendant and advise him or her of certain immigration consequences before accepting a guilty or no contest plea.”
State v. Galdamez, 2015-Ohio-3681, 41 N.E.3d 467. · cites it 32ד14AP-527 5 {¶ 8} Defendant testified briefly at the hearing, noting that, when he heard the court's R.C. 2943.031 immigration warnings, he continued to rely on his attorney's advice that he would only "have problems if [he] tr[ied] to become a citizen," and as such he never…”
State v. Tabbaa, 784 N.E.2d 143 (Ohio Ct. App. 8th Dist. 2003). · cites it 37דOn appeal, he contends that at the time of his plea, the court failed to provide a complete advisement to him as required by R.C. 2943.031 regarding immigration and nationality consequences of his guilty plea.”
State v. Kona (Slip Opinion), 2016-Ohio-7796, 71 N.E.3d 1023. · cites it 30ד11 and R.C. 2943.031. R.C. 2943.031(A) requires courts to alert noncitizens that a guilty plea or no-contest plea “may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.”
State v. Alonzo, 2016-Ohio-160. · cites it 44ד{¶3} Nearly thirteen years later, on June 26, 2015, Alonzo filed a motion to withdraw his no contest pleas pursuant to R.C. 2943.031 and Crim.R. 32.1. Alonzo asserted the trial court failed to give him the advisement required by R.”
State v. Garcia, 2020-Ohio-3232. · cites it 28ד{¶ 6} The trial court held a hearing on the R.C. 2943.031 motion on September 24, 2019.”
State v. Francis, 820 N.E.2d 355 (Ohio 2004). “{¶ 1} This appeal involves R.C. 2943.031, which supplies the language a trial court accepting a plea of guilty or no contest is to use to warn a noncitizen criminal defendant of the possible consequences (deportation, exclusion, or denial of naturalization) of a criminal…”
State v. Romero (Slip Opinion), 2019-Ohio-1839, 129 N.E.3d 404. “11 and with the advisement requirements of R.C. 2943.031 regarding the consequences of a guilty plea on a defendant’s immigration status.”
State v. Cardenas, 2016-Ohio-5537, 61 N.E.3d 20. “In the motion, Cardenas argued that the trial court did not properly advise him at the plea hearing of the potential consequences his guilty plea would have on his immigration status as required by R.C. 2943.031. Cardenas also argued that he received ineffective assistance of…”
State v. Leon, 2019-Ohio-1178. “The trial court erred in denying Defendant/Appellant’s Motion to Withdraw His Guilty Plea pursuant to O.R.C. 2943.031 solely on the basis of timeliness.”
Ohio Rev. Code § 2943.031(A)(1): 3 cases
State v. Cardenas, 2016-Ohio-5537, 61 N.E.3d 20. “In the motion, Cardenas argued that the trial court did not properly advise him at the plea hearing of the potential consequences his guilty plea would have on his immigration status as required by R.C. 2943.031. Cardenas also argued that he received ineffective assistance of…”
State v. Bravo, 2017-Ohio-272. “ASSIGNMENT OF ERROR II THE COURT FAILED TO GIVE THE VERBATIM ADVISEMENT REQUIRED UNDER ORC 2943.031[.] {¶15} Bravo argues that the trial court erred by denying her motion to withdraw her guilty plea because the trial court failed to provide her with the statutory advisement as…”
State v. Francis, 820 N.E.2d 355 (Ohio 2004). “{¶ 1} This appeal involves R.C. 2943.031, which supplies the language a trial court accepting a plea of guilty or no contest is to use to warn a noncitizen criminal defendant of the possible consequences (deportation, exclusion, or denial of naturalization) of a criminal…”
State v. Cardenas, 2016-Ohio-5537, 61 N.E.3d 20. “In the motion, Cardenas argued that the trial court did not properly advise him at the plea hearing of the potential consequences his guilty plea would have on his immigration status as required by R.C. 2943.031. Cardenas also argued that he received ineffective assistance of…”
State v. Bravo, 2017-Ohio-272. “ASSIGNMENT OF ERROR II THE COURT FAILED TO GIVE THE VERBATIM ADVISEMENT REQUIRED UNDER ORC 2943.031[.] {¶15} Bravo argues that the trial court erred by denying her motion to withdraw her guilty plea because the trial court failed to provide her with the statutory advisement as…”
State v. Leon, 2019-Ohio-1178. “The trial court erred in denying Defendant/Appellant’s Motion to Withdraw His Guilty Plea pursuant to O.R.C. 2943.031 solely on the basis of timeliness.”
Ohio Rev. Code § 2943.031(D): 59 cases
State v. Francis, 820 N.E.2d 355 (Ohio 2004). “{¶ 1} This appeal involves R.C. 2943.031, which supplies the language a trial court accepting a plea of guilty or no contest is to use to warn a noncitizen criminal defendant of the possible consequences (deportation, exclusion, or denial of naturalization) of a criminal…”
State v. Weber, 707 N.E.2d 1178 (Ohio Ct. App. 10th Dist. 1997). “Thereafter, the court conducted, through an interpreter, a plea dialogue with appellant but did not give the advisement regarding the possible deportation consequences of her guilty plea as required by R.C. 2943.031. The trial court accepted appellant’s plea and on December 17,…”
State v. Reyes, 2016-Ohio-2771. “R.C. 2943.031 {¶ 15} R.C. 2943.031(A) requires that a trial court personally address a defendant and advise him or her of certain immigration consequences before accepting a guilty or no contest plea.”
State v. Bravo, 2017-Ohio-272. “ASSIGNMENT OF ERROR II THE COURT FAILED TO GIVE THE VERBATIM ADVISEMENT REQUIRED UNDER ORC 2943.031[.] {¶15} Bravo argues that the trial court erred by denying her motion to withdraw her guilty plea because the trial court failed to provide her with the statutory advisement as…”
State v. Leon, 2019-Ohio-1178. “The trial court erred in denying Defendant/Appellant’s Motion to Withdraw His Guilty Plea pursuant to O.R.C. 2943.031 solely on the basis of timeliness.”
Ohio Rev. Code § 2943.031(E): 19 cases
State v. Cardenas, 2016-Ohio-5537, 61 N.E.3d 20. “In the motion, Cardenas argued that the trial court did not properly advise him at the plea hearing of the potential consequences his guilty plea would have on his immigration status as required by R.C. 2943.031. Cardenas also argued that he received ineffective assistance of…”
State v. Leon, 2019-Ohio-1178. “The trial court erred in denying Defendant/Appellant’s Motion to Withdraw His Guilty Plea pursuant to O.R.C. 2943.031 solely on the basis of timeliness.”
State v. Francis, 820 N.E.2d 355 (Ohio 2004). “{¶ 1} This appeal involves R.C. 2943.031, which supplies the language a trial court accepting a plea of guilty or no contest is to use to warn a noncitizen criminal defendant of the possible consequences (deportation, exclusion, or denial of naturalization) of a criminal…”
State v. Reyes, 2016-Ohio-2771. “R.C. 2943.031 {¶ 15} R.C. 2943.031(A) requires that a trial court personally address a defendant and advise him or her of certain immigration consequences before accepting a guilty or no contest plea.”
State v. Francis, 820 N.E.2d 355 (Ohio 2004). “{¶ 1} This appeal involves R.C. 2943.031, which supplies the language a trial court accepting a plea of guilty or no contest is to use to warn a noncitizen criminal defendant of the possible consequences (deportation, exclusion, or denial of naturalization) of a criminal…”
State v. Bravo, 2017-Ohio-272. “ASSIGNMENT OF ERROR II THE COURT FAILED TO GIVE THE VERBATIM ADVISEMENT REQUIRED UNDER ORC 2943.031[.] {¶15} Bravo argues that the trial court erred by denying her motion to withdraw her guilty plea because the trial court failed to provide her with the statutory advisement as…”
State v. Weber, 707 N.E.2d 1178 (Ohio Ct. App. 10th Dist. 1997). “Thereafter, the court conducted, through an interpreter, a plea dialogue with appellant but did not give the advisement regarding the possible deportation consequences of her guilty plea as required by R.C. 2943.031. The trial court accepted appellant’s plea and on December 17,…”
State v. Leon, 2019-Ohio-1178. “The trial court erred in denying Defendant/Appellant’s Motion to Withdraw His Guilty Plea pursuant to O.R.C. 2943.031 solely on the basis of timeliness.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.