Ohio earns a D- for its civil forfeiture laws
Standard of Proof
Somewhat higher bar to forfeit: Prosecutors must provide clear and convincing evidence that property is connected to a crime.
Innocent Owner Burden
Limited protections for the innocent: Generally, third-party owners must prove their own innocence to recover seized property, but the government bears the burden in cases involving legally titled or registered property and property valued above $15,000.
Financial Incentive
Large profit incentive: In general, up to 100% of forfeiture proceeds go to law enforcement; 90% in juvenile cases.
The letter grade reflects Ohio’s forfeiture laws as of May 7, 2025. When we become aware of relevant reforms, we are updating the standard of proof, innocent owner burden, and financial incentive language above, but we are not updating the letter grade.
Note: Prosecutors need only meet their standard of proof—and owners can only prove their innocence—if owners make it to a judicial hearing. See flow chart.
Recent Reforms
Recommendations
What happens after personal property is seized in Ohio?
Under Ohio law, if you fail to file a claim within three months of the seizure, prosecutors can pursue civil forfeiture without filing criminal charges. In this case, prosecutors’ and owners’ deadlines leading to a judicial hearing add up to 298 days, though there is no deadline for the hearing itself. If you file a claim before any charges are filed, you can get a preliminary hearing within 21 days, but if prosecutors file charges first, you will not get a hearing until criminal proceedings conclude. While you wait, the government has your property, but you can try to get it back while the case continues by requesting a hardship release.
*If you are a registered or titled owner, the seizing agency must make a good faith effort to send you notice of the seizure “as soon as practical.”
**Prosecutors can file a civil complaint alongside or after filing criminal charges without waiting three months. They can also file a civil complaint against alleged criminal proceeds worth more than $15,000 without bringing charges or waiting three months. Regardless, if prosecutors bring charges, civil forfeiture proceedings are stayed until the criminal case concludes.
For research methods and limitations, see “How We Documented Civil Forfeiture Processes From Seizure to Hearing.”
State and Federal Forfeiture Proceeds, 2000–2023
At least $300 million in state and federal forfeiture revenue
| Year | Ohio Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total |
|---|---|---|---|---|
| 2000 | Unknown | $4,075,942 | $716,000 | $4,791,942 |
| 2001 | Unknown | $6,064,363 | $1,009,000 | $7,073,363 |
| 2002 | Unknown | $9,015,890 | $254,000 | $9,269,890 |
| 2003 | Unknown | $9,579,065 | $78,000 | $9,657,065 |
| 2004 | Unknown | $8,475,627 | $1,308,000 | $9,783,627 |
| 2005 | Unknown | $6,782,028 | $574,000 | $7,356,028 |
| 2006 | Unknown | $12,798,625 | $117,000 | $12,915,625 |
| 2007 | Unknown | $13,907,440 | $2,533,000 | $16,440,440 |
| 2008 | Unknown | $12,405,013 | $2,021,000 | $14,426,013 |
| 2009 | Unknown | $9,236,636 | $430,000 | $9,666,636 |
| 2010 | $6,308,015 | $13,505,952 | $970,000 | $20,783,967 |
| 2011 | $10,327,817 | $9,821,612 | $3,068,000 | $23,217,429 |
| 2012 | $9,091,965 | $10,685,592 | $1,673,000 | $21,450,557 |
| 2013 | Unknown | $13,341,265 | $768,000 | $14,109,265 |
| 2014 | Unknown | $8,402,535 | $589,000 | $8,991,535 |
| 2015 | Unknown | $7,622,661 | $4,210,000 | $11,832,661 |
| 2016 | Unknown | $6,273,307 | $709,000 | $6,982,307 |
| 2017 | Unknown | $6,565,299 | $834,000 | $7,399,299 |
| 2018 | Unknown | $7,098,678 | $3,039,000 | $10,137,678 |
| 2019 | Unknown | $6,124,853 | $1,452,000 | $7,576,853 |
| 2020 | Unknown | $17,547,043 | $3,133,000 | $20,680,043 |
| 2021 | Unknown | $6,803,216 | $908,000 | $7,711,216 |
| 2022 | Unknown | $10,822,376 | $12,454,000 | $23,276,376 |
| 2023 | Unknown | $11,664,657 | $3,653,000 | $15,317,657 |
| Totals | $25,727,797 | $228,619,675 | $46,500,000 | $300,847,472 |
All revenue figures include both civil and criminal forfeitures. Revenues are not adjusted for inflation.
Federal Equitable Sharing
Since April 2017, Ohio has prohibited transferring property under $100,000 to a federal agency for equitable sharing unless the property is being referred for federal criminal forfeiture proceedings. IJ’s analysis (see “Evaluating Efforts to Reform Equitable Sharing”) found that, relative to non-reform states, the reform resulted in immediate reductions in the sharing of below-threshold assets and assets overall. However, there was no long-term effect on below-threshold sharing, and sharing overall increased in the long run. From 2018 to 2023, Ohio law enforcement agencies generated nearly $85 million in equitable sharing proceeds. And on average from 2019 to 2023, about 281 Ohio agencies, or an estimated 37% of all law enforcement agencies in the state, were certified for the program.
Forfeitures Under Ohio Law: Key Facts
Median Value
UNKNOWN
Ohio does not report property-level data necessary to calculate median forfeiture value.
Property Types
UNKNOWN
Ohio does not report the types of property forfeited.
Proceeding Types
UNKNOWN
Ohio does not report whether forfeitures are processed under civil or criminal forfeiture law.
Additional Findings
UNKNOWN
Agencies are not required to report on their forfeitures, resulting in zero transparency into forfeiture activity in the state.
Forfeiture Transparency and Accountability Report Card
Tracking Seized Property
DStatewide Forfeiture Reports
FPenalties for Failure to File a Report
Incomplete †Accounting for Forfeiture Fund Spending
CAccessibility of Forfeiture Records
CFinancial Audits of Forfeiture Accounts
F†No reporting requirements to enforce.
For full transparency and accountability grades, visit ij.org/TransparencyReportCards.
Data Notes
No statewide forfeiture records are available. Agency reports of calendar-year forfeitures for 2010–2012 were obtained via public records requests to the state attorney general. In 2012, the requirement for agencies to report to the AG was eliminated. Equitable sharing data are from DOJ’s and Treasury’s annual forfeiture reports. Due to differences in reporting and accounting practices, figures may not match aggregate numbers produced by the state or cover the same 12-month period as the federal data. See Appendix C, available online at ij.org/report/policing-for-profit-4/appendix-c-equitable-sharing-methods/, for details of the equitable sharing reform analysis. The number of certified agencies was computed using the approved Equitable Sharing Agreement and Certification requests submitted by police, sheriff, and other local law enforcement agencies. The percentage of certified agencies was computed using that number and the total number of agencies reported in the 2018 Census of State and Local Law Enforcement Agencies.
Legal Sources
Standard of proof: Clear and convincing evidence. Charging provision requires charges to be filed, and stays civil forfeiture while criminal charges are pending, but does not require conviction. The charging provision does not apply to forfeitures of cash over $15,000 or in cases where an owner dies, is unavailable or fails to contest forfeiture.
Ohio Rev. Code Ann. § 2981.05(A), (C)–(D), (H).
Innocent owner burden: Depends on the property. Generally, the owner bears the burden of proof. But for legally titled or registered property and in cases involving property valued over $15,000 (adjusted annually for inflation), the government bears the burden.
Ohio Rev. Code Ann. §§ 2981.03(A)(4)–(5), .05(D)(3), (D)(7); see also id. § 2981.04(E)–(F) (placing burden on third-party claimants).
Financial incentive: Up to 100% in general; up to 90% in juvenile cases.
Ohio Rev. Code Ann. § 2981.13(B)(4).
Process: Ohio Rev. Code Ann. §§ 2981.03, .05 (civil forfeiture in absence of claim); Ohio R. Civ. P. 4(E) (service of complaint), 12(A)(1) (time to answer), 55 (default judgment).