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Expungement
of Criminal Records in OK
KANIA
LAW
OFFICE
is a Tulsa, Oklahoma Record Expungement Law Firm
Expungement
in Oklahoma refers to a legal process whereby a person's criminal conviction or
arrest is sealed and cleansed from his or her public criminal
record. The type of expungement that is appropriate to a given
criminal case will vary, depending upon whether the crime was a misdemeanor
or a felony, whether the person was a juvenile (minor) or an adult,
whether a conviction occurred, what sentence was received, and how much
time has passed since the conviction and completion of the
sentence. Expungement law in Oklahoma can be complicated, so it is
critical that you consult with a Tulsa Oklahoma expungement lawyer that knows expungement
law.
What
is the effect of an Expungement in Oklahoma?
An
order granting an expungement causes the criminal conviction or arrest
in Oklahoma to be officially deemed to have never occurred. The
criminal records
related to the incident are sealed; however, they are not
destroyed. Oklahoma Law enforcement agencies will continue to have access
to the basic identification information contained therein.
Additionally, upon Petition, with compelling reason, expunged records
can be unsealed, but this is rare.
The
advantages of having a criminal record expunged are numerous.
Since the expunged incident is deemed to have never occurred,
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.
Oklahoma
Expungement Laws
Oklahoma
statutes have two basic provisions for expungements:
- Deferred
Sentence - If
one was sentenced to a deferred sentence pursuant to Okla.
Stat. tit. 22, § 991c or Okla.
Stat. tit. 63, § 2-410, after a successful probation one is
entitled to expungement.
- Okla.
Stat. tit. 22, § 18 (2004) - Provides nine specific circumstances
where a defendant or arrested person who was not charged may seek an
expungement.
Expungement
of a Felony in Oklahoma
If
you have been convicted of a felony in Oklahoma and did not receive a
deferred sentence, there are only limited circumstances where an
expungement can be obtained:
- Proof
of factual innocents through DNA;
- Conviction
reversed by appellate court; or
- Felony
was nonviolent in nature, defendant was pardoned,
person has not been convicted of any other misdemeanor or felony, no
charges are currently pending, and ten (10) years has passed since
the conviction.
KANIA
LAW
OFFICE:
Professional Oklahoma EXPUNGEMENT Lawyers and ATTORNEYS
The
Oklahoma Criminal law attorneys at the Kania
Law Office represents
persons seeking expungements of criminal convictions or arrests under
Oklahoma law. If
you would like a free consultation with a professional Oklahoma attorney from the Kania
Law
Office
please call (918) 743-2233 or fill out this form.
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