If you have a criminal record in Oklahoma and want to seal it there are different kinds of record expungements available. Let’s suppose you were charged with a non-violent felony or misdemeanor, and the court defers your sentence for a certain period of time, let’s say 2 years. After this period of probation is complete you can petition the court for a 991c “deferred sentence” expungement. This will show on the public record as case dismissed. On the other hand you may be eligible for a Section 18,. The section 18 seals the criminal record along with the arrest itself. Ultimately its a section 18 that is the best expungement available.
991c Oklahoma Record Expungement
Among the different kinds of record expungements is the 991c. A 991c is a partial expungement as the arrest records will remain open to the public and appear on background checks. An expungement under 991c will have your name deleted from court records and update the file show that you pleaded “not guilty” and that the case was dismissed. One of the primary reasons you would want a 991c expungement is because you do not yet qualify for a complete expungement under Okla. Stat. tit. 22 § 18. The expungement thats best for you is under Section 18. The section 18 completely seals all records pertaining to your arrest and your involvement with the crime.
Section 18 Seal the Record Completely
Section 18 expungements remove your court records and seal your file with the Oklahoma State Bureau of Investigation (OSBI). In order to be eligible for a Section 18 Expungement, one of the following circumstances must apply:
· You were acquitted at trial;
· The conviction was reversed by an appellate court with instructions to dismiss the charges;
· You were later proven innocent either through DNA or other evidence;
· Later you received a full governor’s pardon based on a finding of innocence;
· After being arrested for a crime, no formal charges were filed against you;
· You were under eighteen (18) years of age at the time the offense was committed and you received a full pardon for the offense
Additionally, you must have waited the requisite time after your arrest or charges were filed. This amount of time will depend on the outcome of your case and whether you were charged with a misdemeanor or non-violent felony.
Eligibility for Expungement of Misdemeanor and Felony Crimes
· Immediately if your fine is $500 or less;
· Misdemeanor deferred – 1 year after completion of probation
Misdemeanor Conviction ( Suspended sentence ) – 5 years but you cant have a separate misdemeanor conviction within the last 7 years.
· Felony Deferred – 5 years completion of probation.
. Felony Conviction ( Suspended sentence ) – 10 years
2 Felony conviction – 10 years
Previous felony property and drug crimes are now reduced to misdemeanors
Tulsa Criminal Expungement Attorney
With the different kinds of record expungements available its important to get the right kind of help. Having your court record open the public can be a hindrance on your professional and personal life. Get in touch with our expungement attorneys in order to help you determine whether you qualify for Section 18 or 991c expungement. Call us for a confidential consultation 918-743-2233
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