In the State of Oklahoma, an individual may have their arrest records, misdemeanors, and felony convictions expunged under certain circumstances. Expungement is a legal process that removes a criminal offense from an individual’s criminal record for most purposes.
This can make it easier for them to obtain housing, an education, and obtain employment. In 2016, Oklahoma reduced certain waiting periods for expungements, which allows an individual to receive an expungement earlier than they could before.
What Is Expungement?
Expungement is a legal process by which an individual’s criminal records are treated as though they never existed. Every state has different limits and options related to expungement.
However, every state allows some type of record sealing or expungement for juvenile offenses. Although every state may differ regarding the requirements and qualifications for expungement, in order to be eligible for expungement, and individual must typically fulfill the following requirements:
- File an application for expungement in writing with the court where the conviction occurred;
- Their original sentence must be completed served and finished; and
- They are not facing any new or additional criminal charges.
In general, the burden is on the individual who is applying for expungement to show that their probation or other requirements are completed. Additionally, the application for expungement will typically only be good for one charge or case, the one that the individual is applying to have expunged.
If the individual wants to have multiple cases or records expunged, they will be required to file separate applications. Once all of an individual’s documents have been submitted supporting their expungement request, the court will review their petition and determine if they are eligible for expungement.
Often, each individual court will have its own additional procedures or processes for expungement.
Expungement of Juvenile Criminal Records
In many states, the expungement of juvenile criminal records occurs automatically. However, this may vary so it is important for an individual to consult with an attorney experienced with the sealing of juvenile records.
In general, expungement will only be available to individuals who have maintained a clean criminal record in the years between their conviction and their request for expungement. It is important to note that many courts also have their own procedural preferences and processes for filing for a juvenile expungement.
In the State of Oklahoma, an individual may expunge most juvenile convictions if they receive a full pardon. If an individual needs assistance with a juvenile expungement, they should consult with a local attorney.
Expungement of Adult Criminal Records
An individual may expunge a wide variety of criminal records in Oklahoma, including certain adult felonies, misdemeanors, and arrest records. In Oklahoma, there are two primary categories of expungements, a Section 18 expungement and a Section 991(c) expungement.
An individual may also be eligible for expungement if they were a victim of trafficking or identity theft.
Section 18 Expungement
A Section 18 expungement fully erases an individual’s criminal record. It is important to note, however, that only certain charges and convictions are eligible for Section 18 expungement, including:
- Criminal charges that were dismissed and will not be refiled;
- An arrest record that did not result in a criminal charge;
- Acquitted charges;
- Convictions that were pardoned with a finding of actual innocence;
- Deferred misdemeanors if:
- The individual has completed the terms of the deferred sentence;
- The individual does not have felony convictions, and
- At least one year has passed since the dismissal,
- Deferred felonies if:
- The individual has completed the terms of the deferred sentence;
- They do not have any other felony convictions; and
- At least five years have passed since the felony was dismissed;
- Misdemeanor convictions if:
- Fines have been fully paid;
- The individual does not have any felony convictions; and
- For a more serious misdemeanor, at least five years have passed since the conviction;
- One felony conviction if:
- The defendant was convicted of a non-violent felony,
- They were fully pardoned,
- They have no other felony convictions,
- They have not been convicted of a misdemeanor for 15 years, and
- At least 10 years have passed since their felony conviction.
- Two felony convictions if:
- The individual was fully pardoned for both felonies, and
- At least 20 years have passed since their last misdemeanor or felony conviction.
Oklahoma does not expunge the majority of violent crimes. Once an individual qualifies under Section 18, they can begin the expungement process, which involves:
- Filing a petition with the district court;
- Notifying the appropriate criminal records agencies; and
- Attending a court hearing.
If an individual needs help with an expungement, they consider contacting an Oklahoma criminal defense lawyer.
Section 991(c) Expungement
A Section 991(c) expungement does not technically erase an individual’s criminal record. If an individual completed the terms of a deferred sentence, their record should be changed to “plead not guilty, charges dismissed.”
The individual’s arrest record may still be viewed by the public. An expungement lawyer or a criminal defense lawyer will be able to help an individual with the expungement process.
Associated Fees and Paperwork
The filing fees and costs that are associated with expungement paperwork and applications may vary. An applicant will be required to pay a $150 fee to the Oklahoma State Bureau of Investigations (OSBI) for each expungement.
There may also be other costs, such as filing fees and county-based expungement fees. If an individual hires an expungement lawyer or criminal defense lawyer, they may also be required to pay attorney’s fees and other costs.
Implications of a Successful Expungement
If a court grants an individual’s expungement petition, they are allowed to lawfully state that the expunged criminal record does not exist. When the majority of employers search the individual’s Oklahoma criminal records, the charges will not show up.
However, it is important to note that expunged records will still be available to law enforcement agencies.
What Is the Difference Between Expunging Your Record and Sealing Your Record?
Although the term expungement is often used interchangeably with other similar terms, especially the term record sealing, the two are different in several important ways. When an individual’s criminal record is expunged, it is treated as though the charges or conviction ever existed and they are no longer associated with that individual’s criminal history.
In general, it means that it will seem as though the charges disappear from the court system. Record sealing, on the other hand, means that the charges still exist but the records cannot be accessed by members of the general public.
This means that individuals such as employers will not be able to gain access to the records, even though they still technically exist in the system. It is important to be aware that, in some states, a conviction that has been sealed can still be used to increase the severity of an individual’s future sentence.
This may apply in cases where the individual has a record of being a repeat offender.
Consulting a Lawyer
If you are interested in having something expunged from your criminal record, it is important to consult with an Oklahoma expungement lawyer to help ensure your application is completely correct and the process goes as smoothly as possible. You will be required to submit specific paperwork and may also be required to attend a hearing.
Your lawyer can help you complete your application as well as file it with the correct court. Your lawyer will also speak on your behalf during any required court hearings.
Having a lawyer handle your expungement application will give you the best possible chance at having your criminal record expunged.
