The Expungement of Oklahoma Criminal Records seals the criminal record and gives you a clean slate. Expungement of Oklahoma Criminal Records refers to a legal process whereby a person’s criminal conviction or arrest and all other records pertaining to the arrest and conviction are 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 protective order was filed for, criminal conviction occurred, what sentence was received, and how much time has passed since the conviction and completion of the sentence. Expungement or pardons of Oklahoma Criminal Records law in Oklahoma can be complicated, and is always changing. Call our Tulsa lawyers for current expungement advice..
The Effect of an Expungement in Oklahoma
An order granting an Expungement of Oklahoma Criminal Records 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.
Two Basic Provisions For Expungements
Deferred Sentence 991c – If you were 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 a 991C expungement. This includes expunging DUI cases where you get a deferred sentence. This type Expungement of Oklahoma Criminal Records does not however seal the arrest record in all respects or the jail record if you were arrested and taken to jail. This expungement causes people the most confusion. The reason being that when the Judge or a person’s attorney tells them that the record will be expungement after they complete probation this is not entirely clear. Although the OSCN or ODCR record will show the case as dismissed and the record sealed the record of arrest will still exist. Also, the record of you being in the the County jail will also be available and discover-able by those that are looking.
Other Oklahoma Expungement and Criminal Law Blog Articles.
Felony and Misdemeanor Expungement
1. The individual was acquitted of the criminal charge;
2. The conviction was reversed with instructions to dismiss by an appellate court or the criminal conviction was remanded to the original criminal court who next dismissed the criminal case;
3. The facts proved that the personal convicted was innocent and this innocence was proven by the use of deoxyribonucleic acid (DNA) evidence after the conviction, including a those that have already been released from prison at the time innocence was established;
4. The person has received a full pardon on the basis of a written finding by the Governor of actual innocence for the crime for which the claimant was sentenced;
5. The person was arrested and no charges were ever filed and the statute of limitations for that specific crime has run or otherwise expired or if the district attorney declined to file charges;
6. The person was under eighteen (18) years of age at the time the offense was committed and the person has received a full pardon for the offense;
7. The person was charged with one or more misdemeanor or felony crimes, all charges have been dismissed, the person has never been convicted of a felony, no misdemeanor or felony charges are pending against the person, and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled; provided, however, this category shall not apply to charges that have been dismissed following the completion of a deferred judgment or delayed sentence;
8. The person was charged with a misdemeanor, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, the person has never been convicted of a misdemeanor or felony, no misdemeanor or felony charges are pending against the person, and at least two (1) year has passed since the charge was dismissed;
9. The person was charged with a nonviolent felony offense, as set forth in Section 571 of Title 57 of the Oklahoma Statutes, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, the person has never been convicted of a misdemeanor or felony, no misdemeanor or felony charges are pending against the person, and at least ten (5) years have passed since the charge was dismissed;
10. The person was convicted of a misdemeanor offense (Suspended Sentence), the person has not been convicted of any other misdemeanor or felony, no felony or misdemeanor charges are pending against the person, and at least ten (5) years have passed since the conviction;
11. The person was convicted of a nonviolent felony offense, as defined in Section 571 of Title 57 of the Oklahoma Statutes. The person has not been convicted of any other another felony, and if the person was convicted of another misdemeanor all probation or jail has been completed and at least 7 years has passed. no felony or misdemeanor charges are pending against the person, or and at least ten (5) years have passed since the conviction; or
12. The person has two felonies or less. The crimes are nonviolent and not found in Section 571 of Title 57 and the person is not subject to sex offender registration. 10 years must pass since the completion of the latest sentence.
13. The person was convicted of a nonviolent felony offense not listed in Section 571 of Title 57 of the Oklahoma Statutes. This crime has since the prior conviction been reduced to a misdemeanor. The person is not currently serving a sentence for a crime in this state or another state. Thirty days has gone by since the crime was reclassified as a misdemeanor. The person must have finished paying any restitution and all fines and costs and any other Court ordered recommendation is completed. If all the above requirements are satisficed the applicant will file for the expungement using the misdemeanor expungement rules.
12. The person has been charged or arrested or is the subject of an arrest warrant for a crime that was committed by another person who has appropriated or used the person’s name or other identification without the person’s consent or authorization.
Tulsa Oklahoma Expungement Attorneys
A criminal record doesn’t have to ruin your life. The truth is that many people with criminal records only have them because the took a plea in their case. Many times they did this because the cost of a trial was more than they could afford. As a result of this pleas they find themselves with a criminal record. The good news is that new laws have been enacted with different kinds of expungements to help you remove the record. Call us today and ask a Free legal question