Ohio § 2943.031

§ 2943.031.

(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.