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Will Disorderly Conduct Show up on a Background Check?

Posted On: July 31st, 2017 by Bradley J. Groene

Ohio legal statutes cover a range of prohibited activities which may be construed as obnoxious in nature and are referred to as disorderly conduct. These activities can include various forms of conduct which disturb the peace, such as interrupting gatherings or meetings, verbally assaulting or threatening others, and otherwise bothering, angering, or annoying others through intentional actions.

Disorderly conduct is charged as a minor misdemeanor in Ohio, carrying a fine of up to $150 with no jail time. It still represents a criminal conviction and can have an effect on your ability in the future to retain a professional license or obtain certain types of employment.

If you have been arrested for disorderly conduct, you must keep in mind that more than just paying a simple fine may be required. Depending on the circumstances, you could face additional aggravated charges later on that could have a significant impact on your future.

At Luftman, Heck, & Associates, we understand that criminal charges can be easily issued, but not easily defended or removed. If you’re facing a disorderly conduct charge in Ohio, allow our legal team to build a vigorous defense on your behalf. Don’t simply take a misdemeanor charge lying down. Let us help you.

Call us today at (513) 338-1890 to request a free, no obligation consultation.

Disorderly Conduct as a Minor Misdemeanor in Ohio

By definition, disorderly conduct is an action that causes an alarm, annoyance, or inconvenience to another person as described in Ohio Revised Code § 2917.11. The specific types of conduct that fall under the category of this misdemeanor include:

  • Threatening harm to other individuals or property, engaging in fighting, or demonstrating turbulent or violent behavior
  • Taunting, insulting, or challenging another person such that it is likely to elicit a violent response
  • Making offensive gestures, utterances, unreasonable noises, or communicating or displaying unnecessary and completely abusive language to any individual
  • Creating a situation or condition that physically offends or poses a risk of harm to other individuals or property through an act or actions that serve no reasonable or lawful purpose
  • Preventing or hindering the free movement of others on the road, public street, right-of-way, or highway, or to, from, within, or upon private or public property such that it inhibits the rights of others and does not serve a reasonable or lawful purpose

Drunk and Disorderly Conduct

The crime of disorderly conduct can also be committed in the state of Ohio by individuals who are intoxicated. This can occur when an intoxicated individual is:

  • Engaging in conduct that puts themselves, others, or the property of others at risk, or
  • Engaging in conduct in a public place, or in the presence of two or more other individuals, that is likely to annoy, inconvenience, offend, or scare any person(s)


If you commit disorderly conduct in the state of Ohio, you can be charged with a minor misdemeanor and be responsible for paying a maximum fine of $150. Other types and varying degrees of this offense are punishable as follows:

Aggravated disorderly conduct or the act of disturbing a lawful meeting is charged as a fourth-degree misdemeanor and carries a punishment of up to 30 days in jail and a maximum fine of $250.

Public transit misconduct may be charged as a minor misdemeanor, depending on the circumstances, and punishable by up to 60 days in jail and a maximum fine of $500.

Misconduct in an emergency situation is charged as a first-degree misdemeanor, carries an 180-day maximum jail sentence, and a fine of up to $1,000. This form of disorderly conduct may be charged as a fourth-degree misdemeanor depending on the circumstances.

Possible Expungement of Your Charge

According to the Ohio Revised Code, as well as Ohio court case law, minor misdemeanors (which include disorderly conduct) fall under Ohio expungement law. This means that the record of your minor misdemeanor conviction may potentially be expunged and sealed, making it invisible to potential employers running a background check. However, certain statutory requirements must be met in order to qualify. For example, a minor misdemeanor may not be eligible for expungement if the offender has committed the crime on more than one occasion.

Any application for expungement of a minor misdemeanor must be placed before the court for a hearing.

Contact a Highly Skilled Ohio Disorderly Conduct Attorney

The circumstances can dictate whether your disorderly conduct charge is relatively minor or more serious in nature. However, even a misdemeanor conviction can put you in jeopardy for jail time and steep fines. Your prospects for securing future employment may also be at risk.

If you’re facing a disorderly conduct charge, don’t fight the legal system alone. Our Cincinnati criminal defense attorneys at Luftman, Heck, & Associates are here to defend your rights and help minimize the potential consequences of your charge.

Contact us today at (513) 338-1890 to schedule a free consultation and get the legal help you need.

Bradley Groene made an exceptionally difficult situation much easier to handle. He kept me informed of everything that was going to happen and got results for my case far better than I could have hoped for. I would highly recommend him for anyone who finds themselves in legal troubles.