A criminal record can haunt you for the rest of your life. It can make it difficult for you to find and retain employment, secure a professional license, and be accepted for housing. However, Oklahoma law provides a legal pathway for you to seal certain criminal records. An experienced criminal defense attorney can walk you through this process and determine if you are eligible.
What Is Expungement?
An expungement is the official sealing of certain records. It prevents the public from having access to court or arrest records.
Oklahoma has different types of expungements, which are named based on the statute under which they are contained. A Section 991(c) expungement strikes your name from court records if you received a deferred sentence to expunge your plea. The disposition of the case shows that you pled not guilty and was dismissed. This type of expungement does not remove the arrest record.
A Section 19 expungement seals the petitioner’s criminal history record, including those maintained by the Oklahoma State Bureau of Investigation. This expungement limits what appears on most background checks, helping to reduce barriers to employment or licensing. However, it does not remove court filings, arrest records, or online case dockets. Law enforcement and certain agencies may be able to keep limited access to these records as provided by law.
A Section 18 expungement allows someone to expunge their entire arrest record. This type of expungement orders courts, law enforcement agencies, and other government entities to seal or remove records related to the petitioner from public databases so they are not accessible to the general public. Section 18 expungements are usually available for dismissed cases, deferred sentences that were completed, arrests that didn’t result in prosecutions, and acquittals.
Who Qualifies for an Expungement?
Eligibility depends on the circumstances regarding the case, including the disposition of the criminal case, and the type of relief you want.
Dismissals
If the criminal court finds that the defendant was arrested or charged because of identity theft, the defendant can request that law enforcement and court records related to the charge be expunged and the case be dismissed.
Deferred Sentences
If the defendant was given a deferred sentence, they can submit a petition for expungement after completing the conditions of the deferred judgment, which may include paying all fines, fees, and monetary assessments.
Section 18
Section 18 provides numerous grounds for expungement. The petitioner must meet at least one of the following criteria to be eligible for a Section 18 expungement:
- The petitioner was acquitted
- The conviction was reversed by an appellate court and the prosecuting agency dismissed the charge or the appellate court gave instructions to dismiss the charges.
- DNA evidence exonerated the defendant, proving their factual innocence.
- The governor pardoned the person for the crime for which they were sentenced for.
- No criminal charges were filed against the person arrested and the statute of limitations has expired or the prosecuting agency declined to file charges.
- The person was under 18 at the time they committed the offense and they have received a full pardon.
- All charges were dismissed against the person, the person was never convicted of a felony, no charges are currently pending, and the statute of limitations has expired or the prosecuting agency declined to file charges.
- The petitioner was charged with a misdemeanor, the charge was dismissed after completing the terms of a deferred judgment or delayed sentence, the petitioner has never been convicted of a felony, no criminal charges are pending against the petitioner, and at least one year has passed since the charge was dismissed.
- Charges for a nonviolent felony were dismissed after completing the terms of a deferred judgment or delayed sentence, the petitioner has never been convicted of a felony, no criminal charges are pending against the petitioner, and at least five years have passed since the charge was dismissed.
- The petitioner was convicted of a misdemeanor, they were sentenced to a fine of less than $501 without a term of imprisonment or a suspended sentence, they paid the fine or satisfied the time, they have never been convicted of a felony, and no criminal charges are pending against them.
- The petitioner was convicted of a misdemeanor, they were sentenced to a fine greater than $501, a term of imprisonment, or a suspended sentence, they paid the fine or satisfied the time, they have never been convicted of a felony, no criminal charges are pending against them, and at least five years have passed since the end of their last misdemeanor sentence.
- The petitioner was convicted of a nonviolent felony offense, they have never been convicted of any other felony, they have not been convicted of a separate misdemeanor offense in the last seven years, there are no criminal charges pending against them, and at least five years have passed since the end of their last misdemeanor sentence.
- The petitioner was convicted of two or fewer felonies, neither of which is listed under Section 13.1 of Title 21 of the Oklahoma Statutes or any offense that would require them to register as a sex offender, no charges are pending against them, and it’s been at least ten years since they completed the felony sentence.
- The petitioner was charged or arrested because another person misappropriated their name or identification without their consent or authorization.
- The petitioner was convicted of a nonviolent felony offense that was later reclassified as a misdemeanor under Oklahoma law, the person is not currently serving a sentence for another crime, at least 30 days have passed since they completed their sentence, they have paid any ordered restitution, and they successfully completed any ordered treatment program.
How Do I Receive an Expungement?
The best way to secure an expungement is to petition the court for this form of relief with the help of an experienced expungement lawyer.
What Goes in an Expungement Petition?
The petition should include the following information about you:
- Name
- Social Security Number
- Date of birth
- Crimes you were charged with
- Date of arrest
- The disposition of the arrest or charges in court
If you were charged with domestic violence, you must also provide a police narrative or report that states your relationship to the victim.
You must also pay a $150 processing fee. You might also be required to pay fees to local law enforcement agencies to expunge your records.
The Oklahoma Expungement Process
The following steps are involved in successfully having your criminal record expunged:
- Filing a verified petition for expungement in the appropriate district court
- Providing legal notice to all relevant agencies, including district attorney’s offices, law enforcement agencies, and others
- Attending a court hearing if one or more objections are filed
- Obtaining a signed order from the court directing agencies to expunge records
- Requesting certified copies of the order
- Sending certified copies of the order to all agencies where your records are held that are subject to the court order
How Can a Criminal Defense Lawyer Help Me?
A lawyer experienced with expungement cases will know the applicable laws. They can help determine if you are eligible for expungement and explain the process if you are.
Criminal expungements can be complicated. If you make a mistake, your petition could be denied. Your lawyer will be familiar with the specific paperwork, notice, and legal requirements to petition on your behalf, helping avoid common mistakes.
A lawyer can help with all aspects of your expungement petition, including:
- Explaining Oklahoma law to you on expungement
- Advising you whether you are eligible for expungement
- Gathering documents related to your criminal case and the successful competition of the terms of your sentence, if applicable
- Researching relevant laws and case results
- Preparing your petition
- Responding to any challenges to your petition
Contact Fassio Law today to schedule a confidential consultation.
Do I Have to File an Expungement Request for Each Arrest?
It depends. If you have multiple arrests from the same county, you can file all of them in one petition. However, if you have arrests from different counties, you would need to file a separate petition for each county where there are records that you want expunged.
Does the OSBI Pre-Approve Petitions?
No. The OSBI cannot pre-approve someone for expungement. The best way to know whether you qualify for expungement is to consult with an experienced expungement lawyer who can review the eligibility criteria with you.
Can My Request for Expungement Be Challenged?
Yes. Even if you otherwise qualify for an expungement, the State can object to your request for an expungement and try to prevent it from being granted. Specifically, the OSBI, the District Attorney’s Office, and any law enforcement agency with records has the legal right to challenge your record expungement. The applicable agency can argue that the public’s interest in knowing about your criminal history outweighs your personal privacy rights. Your lawyer can respond to these challenges to fight for your expungement.
When Can I File an Expungement Petition?
Various waiting periods may apply to expungement orders, depending on your circumstances. If your case was dismissed, resulted in dismissal, no charges were filed, or you were acquitted, you don’t have to wait to request that your records be expunged. However, if you were given a deferred sentence, ordered to pay a fine, or given time, you may be subject to a waiting period.
- If you had a deferred sentence for a misdemeanor charge, you must wait one year before requesting an expungement.
- If you had a deferred sentence for a felony charge, you can request an expungement five years after you completed your sentence.
- If you were convicted of a misdemeanor, you must wait five years before petitioning for an expungement.
- If you were convicted of two nonviolent felony offenses, the waiting period is ten years.
How Long Do Expungements Take?
The length of your case will depend on various factors, including how long it takes to gather the necessary information, court dockets, and internal processes. Once your petition is granted, your lawyer can submit a certified copy of the order to OSBI. It then takes the organization about one month to expunge the records.
How Will I Be Notified If My Record Has Been Expunged?
You will not automatically be notified when your record is expunged. You can send a request to the OSBI to check your record.
Contact Fassio Law for a Confidential Consultation
If you were never convicted, received a deferred sentence, or have completed your time, you should not have to worry about a criminal record following you around for the rest of your life. An experienced lawyer from Fassio Law can review your situation, determine if you are eligible for expungement, and prepare your petition. Contact us today for a confidential consultation.
Related: What to Do Immediately After Being Arrested in Oklahoma
