OKC Criminal Defense & DUI Attorneys
OKC Criminal Defense & DUI Attorneys

Expungements – Erase Your Criminal Record

Want to Clear Your Criminal Record? Call the Oklahoma City Expungement Attorneys for Help

At Fassio Law, our Oklahoma City expungement lawyers have the professional and legal expertise that you can trust. We can determine if you are eligible for an expungement and, if so, get your criminal record cleared. Our Oklahoma City criminal defense law firm has years of experience in preparing the petitions and court documents needed to have an expungement granted in your court case. If you have any specific questions or concerns about expungements, we are here to help. Contact our Oklahoma City law office today for a fully confidential, case assessment

Expungement: Explained

An expungement is a legal process that effectively "erases" a conviction or arrest from a person's criminal record. Expungements fall under state law. In Oklahoma, the process generally involves a court order that seals or removes the record from public view. Though certain expunged records may still be accessible to law enforcement agencies and in some legal proceedings. Eligibility for an expungement depends on a number of different case-specific factors.

Why it Matters: The Top Reasons to Seek an Expungement

In our world, if you have a criminal record it can make it extremely difficult to establish the life that you want with a criminal history on your record. An expungement can help clear that criminal record. Here is an overview of some of the top reasons to seek an expungement in Oklahoma:

  • Easier to get into a particular college or university;
  • Less worries about denials of professional permits or licenses;
  • Reduce concerns about the ability to travel abroad;
  • Less problems getting the job that you want; and
  • A criminal background check that comes back clean.

Know the Law on Expungements in Oklahoma

Here is why an expungement is so powerful in our state - Oklahoma expungement law states that:

  • Employers, educational institutions, state and local government agencies, officials, and employees shall not, in any application or interview or otherwise, require an applicant to disclose any information contained in sealed records. An applicant need not, in answer to any question concerning arrest and criminal records, provide information that has been sealed, including any reference to or information concerning such sealed information and may state that no such action has ever occurred. Such an application may not be denied solely because of the refusal of the applicant to disclose arrest and criminal records information that has been sealed.”  22 O.S. 19(F)

Need more information about expungements?  Here are some helpful links with expungement and criminal history information from the Oklahoma State Bureau of Investigation (OSBI):

If you need a fresh start and want to see if you are eligible to have your criminal history cleared, contact the Oklahoma City expungement attorneys at Fassio Law to get the best possible results in your case.

Am I Eligible? An Overview of Expungement Rules in Oklahoma

It is important to emphasize that not everyone can qualify for an expungement of their criminal records. In Oklahoma, there are strict legal standards in place for the sealing/erasing of criminal records, including arrest records and conviction records. Whether or not you can get an expungement depends on case specific factors. An Oklahoma City criminal defense lawyer can help you understand that question during a confidential consultation. You may be a good candidate for an expungement if any of the following apply:

  1. You were arrested and/or charged as a juvenile;
  2. You were arrested but never actually charged;
  3. You were acquitted of the criminal offense;
  4. You were convicted but later exonerated based on factual innocence;
  5. Even if you plead guilty and/or were convicted, if you successfully completed probation; or
  6. You were convicted but only had to pay a fine.

Check out Dustin's story.

Then see below how our OKC Expungement Attorneys/

Expungement Lawyers at Fassio Law can help you seal and

ERASE YOUR CRIMINAL RECORD with an expungement case.

No One Needs to Know - Get an Expungement: Dustin's Story

Dustin was torn between sticking with his principles and knowing that he really didn't have the time to fight this.

He had been in Oklahoma City for work, and now he was happy to be heading back home to South Carolina.  He had a few drinks at the Will Rogers Airport while he was waiting for his flight, well okay, maybe more than a few, but still, he was at the airport minding his own business. A police officer started asking him questions and hassling him, and the next thing you know he's being handcuffed for a public intoxication charge. Needless to say, he missed his flight home.

It was over the top and unfair.

So that was the dilemma he was in: he could hire a lawyer, take this to court, and fight it all the way. But that would mean several flights back to Oklahoma, he lived out of state, lots of time and hassle and stress. He didn't want to deal with it.

Fortunately, there was a way that he could just pay a fine, and then immediately get this erased off of his record, by getting an expungement. In the long run, even though it made him angry, he knew that was the best choice for him. So, he paid the fine for the public intoxication incident, then hired Fassio Law to handle the expungement. Within a month or two it was off his record - even though he would never forget that awful incident, at least no one else would ever know about it.

If you have a criminal case that has ended in you paying a fine, or completing probation, you might be eligible for an expungement too. Contact Fassio Law, and we can help you determine if that's the right path for you.

How Fassio Law Can Help You With an Expungement in Oklahoma City

An expungement offers significant benefits. At the same time, getting an expungement can be a complicated, confusing process. Our founder and lead attorney Marcy Fassio is a former Assistant District Attorney with deep expertise navigating Oklahoma’s expungement laws. We are here to help you find the best solution for your specific situation. Among other things, our Oklahoma City expungement lawyers are prepared to:

  • Hear your story, answer questions, and explain the expungement process;
  • Help you gather all relevant documents, records, and information;
  • Handle all of the legal expungement paperwork;
  • Represent you in an expungement hearing in court if  necessary; and
  • Take whatever action is needed to maximize the extent to which your records can be sealed.
criminalrecord

1)      Video One.

What is an Expungement? An expungement is a legal vehicle to clear a case or an arrest off your record. When eligible, people often seek an expungement since a criminal record can be accessed by landlords, potential employers, as well as the general public.

When am I eligible for a Section 991 expungement? Someone becomes eligible for this type of expungement if they received a deferred sentence, and the deferred sentence has ended without any probation violations and the person has completed all the requirements of the court. At this point, the case might have been dismissed as part of the deferred sentence program. However, it is still on your record.

A Section 991 expungement will result in the case being dismissed (if it has not already been dismissed) AND remove the case from public record.

A Section 991 expungement will be filed with the court, and if successful, the case as well as arrest will be taken off of public record.

2)      Video 2.

What is a Super Expungement? This is also known as a “full record expungement” and will erase your court records. This type of Expungement is more complicated, however is broader than the Section 991 Expungement.

There are 15 total ways someone can be eligible for a Super Expungement. This video discusses 5 of those ways. (The others are discussed in later videos)

  1. Acquittal. Aka the jury came back with a not-guilty verdict.
  2. There was a conviction, but an appellate court later reversed the conviction and the case was dismissed.
  3. Innocence was later proved/established through DNA.
  4. A full pardon by the governor.
  5. If, after being arrested for a crime, charges do not get filed.

3)      Video 3.

This video summarizes ways 6-10 that someone can be eligible for a Super Expungement.

6. A person was under the age of 18 at the time of offense and received a full pardon.

7.  Charged with a misdemeanor or a felony, but the charges were dismissed.

8.  If charged with a misdemeanor and then receive a deferred sentence, ending with a dismissal, you must wait ONE year and then will become eligible.

9. Charged with a non-violent felony, and then receive a deferred sentence that ends with a dismissal, you must wait FIVE years to be eligible.

10. Convicted of a misdemeanor and sentenced to a fine only of $500 or less.

4)      Video 4.

Super Expungements continued. Discusses the last 5 categories of ways that someone can be eligible for a Super Expungement.

11. Convicted of a misdemeanor and received a sentence of either a fine greater than $500, a suspended sentence, OR if you are sentenced to jail time, you are eligible for a Super Expungement FIVE years after the completion of your sentence.

12. Convicted of a non-violent felony, FIVE years after the completion of sentence you are eligible for a Super Expungement.

13. Convicted of not more than 2 felonies, where neither are 85% crimes or sex offender crimes, and TEN years have passed.

14. The crime you were accused of was committed by someone else who was using your name, you are immediately eligible for a Super Expungement.

15. Charged with non-violent felony that has been reclassified as a misdemeanor and all requirements have been met.

Contact Our Oklahoma City Expungement Lawyers for Immediate Help

At Fassio Law, our Oklahoma City criminal defense attorneys have extensive experience handling expungement cases. If you have any specific questions or concerns about sealing or erasing your criminal records, we are here to help. Call us at (405) 593-8444 or send us a message online to set up your fully confidential initial consultation. From our law office in Oklahoma City, we provide representation in expungement cases throughout the wider OKC region.

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