The new expungement law in Oklahoma makes sealing your criminal record just a little bit easier. The impact of a criminal record can be devastating. It means employment opportunities are limited as well as many other opportunities that look to your criminal record and require that its clean. For years the impact of open records and the free flow of information on the internet has made it easier for people to review criminal records and disqualify others for simple indiscretions. Moreover, the number of identity theft cases that result in wrongful criminal convictions has added to the problem.
Expungement Made Easier:
In an effort to mitigate the harsh consequences of a criminal record the State of Oklahoma has been revising its requirements for expungements. This revision process has resulted in yearly changes most of which continue to make it easier for those with criminal charges to seal the criminal record. The new expungement law in Oklahoma goes in to effect in November 2016. With the confusion and unfairness of the old law the new expungement law in Oklahoma attempts to mitigate the harsh impact of criminal charges.
Two Types of Oklahoma Expungements:
The new expungement law in Oklahoma divides into two types of expungements. Those are the sec. 18 and 19 and the title 22. O.S. sec 991c expungement. The difference between the two is important and defines whether or not your arrest record will seal.
The 991c deferred sentence expungement:
This type expungement is perhaps the most misunderstood form of expungement. This type of expungement is applicable to those that have received deferred sentences. Once the person has completes their terms of probation and shows evidence to the court, the record of plea updates. This update changes the plea and shows the case as dismissed. This is helpful to people but it’s not a total solution. This is because the arrest record is still out there and it shows the charges against you. Additionally, if you go to jail the jail record is still out there as a public record.
The section 18 and 19 expungement:
This expungement is far better then the 991c. If you’re like me you don’t want any trace of the criminal charge on your public record. I don’t care if it shows the charge dismisses or not because you want the record to seal. This includes sealing the arrest record, jail stay and the record that shows for the public to view. In the past the difficulty of qualifying for the section 18 and 19 expungement has been a problem but under the new Oklahoma expungement law its gotten a little bit easier.
New Expungement Law in Oklahoma:
HB 3091 goes in to affect this November 2016. HB 3091 is the house bill that changed the old law. This bill makes sweeping changes that impact many Oklahoman’s just like you. The new expungement law in Oklahoma is as follows:
Criminal Charges Dismissed:
This situation covers those times when you face charges of a felony or a misdemeanor. Further, the case dismisses. Once the statute of limitations has run or the prosecuting authority assures the court that no charges will be filed its expungeable meaning the record is sealed.
Misdemeanor Fines and Costs:
Under the new law misdemeanor charges that don’t involve jail time and levy a fine less than $500.00 are expungeble immediately upon payment.
Misdemeanor and Deferred Sentence:
For misdemeanor charges that you’ve plead guilty to and have completed all probation, as set out in the deferred sentence, the charge can be expunged and the record sealed. There must be no other misdemeanors pending or otherwise and one year has passed since the completion of your deferred sentence.
Misdemeanors and Suspended Sentence:
For misdemeanor charges, including DUI charges, that you’ve plead guilty to and received a suspended sentence the case can be expunged with the record sealed after 5 years from completion of all requirements. The earlier law required you to wait 10 years so this is a significant change. Just like the old law, it still requires that you have no other charges pending against you.
Non Violent Felony Conviction:
You must still receive a full pardon from the Governor just like under the old law. You must also wait for ten years to pass since completing your sentence, and there must not be any pending charges either felony or misdemeanor. In the event that face conviction on another misdemeanor since the felony you need to wait 15 years.
Tulsa Oklahoma Expungement Lawyers Can Help You:
Oklahoma House bill 3091 made sense of some otherwise confusing expungement rules. The new Oklahoma expungement law now makes records that were formerly hard to seal much easier. If you’ve got questions about expungement laws call our Tulsa , Oklahoma expungement lawyers today. The information is free call 918-743-2233 or fill out this form.
Tulsa's Local Criminal Defense Lawyers
Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of criminal defense attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.