Ohio Rev. Code » Chapter 2943
Ohio Revised Code

Ohio Rev. Code § 2943.031 (2026)

Court to advise defendant as to possible deportation, exclusion or denial of naturalization upon guilty or no contest plea

✓ current as of May 2026
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Effective:
October 2, 1989
Latest Legislation:
Senate Bill 95 - 118th General Assembly
PDF:
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(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, 104 Ohio St. 3d 490 (Ohio 2004).
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State v. Francis, 104 Ohio St. 3d 490 (Ohio 2004). · cites it 97× “{¶ 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 (Ohio 2019). · cites it 27× “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 (Ohio Ct. App. 2016). · cites it 34× “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. Weber, 707 N.E.2d 1178 (Ohio Ct. App. 1997). · cites it 59× “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 (Ohio Ct. App. 2019). · cites it 74× “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. Bravo, 2017 Ohio 272 (Ohio Ct. App. 2017). · cites it 32× “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. Reyes, 2016 Ohio 2771 (Ohio Ct. App. 2016). · cites it 34× “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. Galdamez, 2015 Ohio 3681 (Ohio Ct. App. 2015). · cites it 32× “14AP-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. 2003). · cites it 37× “On 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 (Ohio 2016). · cites it 30× “11 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 (Ohio Ct. App. 2016). · cites it 44× “{¶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 (Ohio Ct. App. 2020). · cites it 28× “{¶ 6} The trial court held a hearing on the R.C. 2943.031 motion on September 24, 2019.”
Show all 134 citing cases →
— Ohio Rev. Code § 2943.031(A) — 98 cases
State v. Francis, 104 Ohio St. 3d 490 (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 (Ohio 2019). “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 (Ohio Ct. App. 2016). “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. Khoshknabi, 2018 Ohio 1752 (Ohio Ct. App. 2018).
State v. Leon, 2019 Ohio 1178 (Ohio Ct. App. 2019). “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 (Ohio Ct. App. 2016). “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 (Ohio Ct. App. 2017). “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. Romero, 2017 Ohio 2950 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2943.031(B) — 19 cases
State v. Francis, 104 Ohio St. 3d 490 (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 (Ohio Ct. App. 2016). “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. Neguse, 2018 Ohio 1163 (Ohio Ct. App. 2018).
State v. Bravo, 2017 Ohio 272 (Ohio Ct. App. 2017). “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. Lababidi, 2012 Ohio 267 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2943.031(B)(1) — 1 case
State v. Neguse, 2018 Ohio 1163 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2943.031(B)(2) — 1 case
State v. Aquino, 2014 Ohio 118 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2943.031(C) — 1 case
State v. Leon, 2019 Ohio 1178 (Ohio Ct. App. 2019). “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, 104 Ohio St. 3d 490 (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. 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 (Ohio Ct. App. 2016). “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 (Ohio Ct. App. 2017). “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 (Ohio Ct. App. 2019). “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 (Ohio Ct. App. 2016). “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 (Ohio Ct. App. 2019). “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, 104 Ohio St. 3d 490 (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 (Ohio Ct. App. 2016). “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. Velazquez, 2016 Ohio 875 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 2943.031(F) — 7 cases
State v. Francis, 104 Ohio St. 3d 490 (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 (Ohio Ct. App. 2017). “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. 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. Arrunategui, 2013 Ohio 1525 (Ohio Ct. App. 2013).
State v. Leon, 2019 Ohio 1178 (Ohio Ct. App. 2019). “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.”
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