HOW TO EXPUNGE AN OKLAHOMA CRIMINAL RECORD

Don’t Let Past Hurt Your Future

If you have a criminal record from Oklahoma, you probably understand the many ways that having a criminal record can make life more difficult. A criminal record can limit you from getting the job you want, renting housing, getting professional licenses, qualifying for government programs, obtaining student loans, and many other opportunities which would otherwise be available to you if you didn’t have a criminal record.

The Oklahoma State Bureau of Investigation makes requesting criminal records under the Oklahoma Open Records Act inexpensive and relatively easy. Coupled with countless private background check companies which have become popular over the last few years, finding Oklahoma criminal records is very easy for employers, landlords, and the general public. Fortunately, Oklahoma State law allows many Oklahomans to expunge their criminal record, making them inaccessible to potential employers, landlords, the general public, and most government agencies.

Know Your Options

There are a couple different options available for those with an Oklahoma criminal record. The following are a list of services that our firm provides in Oklahoma:

• Oklahoma Expungement (Sec 991)

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  Oklahoma Expungement (Sec 991)

  Oklahoma State law allows for sealing of judicial records for successfully completed deferred sentences. The expungement fully seals the case records maintained by the court and the statewide criminal record database, making them less accessible to potential employers, landlords, and the general public.

• Oklahoma Expungement (Sec 18)

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  Oklahoma Expungement (Sec 18)

  Oklahoma State law allows for sealing of criminal records for arrests, deferred sentences, and certain types of misdemeanor convictions. The expungement fully seals the arrest and conviction records held by state and local criminal record databases, making them inaccessible to potential employers, landlords, the general public, and most government agencies.

This Information is for You

Since the majority of people reading this aren’t lawyers, we’ve tried to simplify the legal jargon on our website, so regular people may follow along and get the information needed to understand their rights. However, before we get started, we should be clear that some of this information can get complicated, and, in many cases, it’s best to seek the assistance of an experienced lawyer.

To help you understand your rights, our lawyers have developed a tool that can be helpful in figuring out your options. This tool can’t be perfectly accurate in every situation, but our lawyers have invested substantial time and resources working to make it as accurate as possible.

You can get started by using our Secure Eligibility Test, or you can give us a call at (844) 947-3732 to see if our legal staff is available for a free consultation. Be aware that our staff is often busy with current clients and a high volume of calls and appointments. If you’re serious about getting rid of your record, your best bet is to take our secure, confidential Eligibility Test and then schedule an appointment to discuss your results and options.

Legal Effect of Oklahoma Criminal Record Removal

• Oklahoma Expungement Services

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  There are two main types of expungements in Oklahoma. The first: An expungement under Section 18 which expunges your entire criminal record, including an arrest record. The second: Expungement under Section 991(c), which results in a “guilty” plea being changed to “not guilty,” and updating the criminal record to a dismissal—in other words, the conviction is expunged, but the arrest record remains for expungements under Section 991(c).

  A Section 18 expungement is obviously preferable, but it also has more difficult eligibility requirements. In many cases, Oklahomans can first expunge their conviction under Section 991(c), and then later expunge the arrest and the remainder of their criminal record under Section 18 once its stricter requirements are met. These rules can be very complicated, which is why we are here to help.

• Oklahoma Expungements Pursuant to Section 18

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  The best tool for Oklahomans to use in expunging a criminal record is an expungement under Section 18. Qualifying for this type of expungement has several complex rules, but many Oklahomans do qualify to expunge their entire criminal record.

  The general circumstances where you will qualify for a Section 18 expungement are:

  • You were found not guilty or the charges were later overturned by DNA or on appeal.
  • You were arrested but never charged with the offense, and the statute of limitations have run for that offense, or the prosecutor has officially declined to prosecute.
  • Your charges were dismissed, and the statute of limitations have run for that offense (this also requires that you do not have any felony convictions).
  • You successfully completed a “deferred sentence” (see below if you do not understand this term) for a misdemeanor, have never been convicted of a felony, and one year has elapsed since completion of your sentence.
  • You successfully completed a “deferred sentence” (see below if you do not understand this term) for a non-violent felony (see below for a list of violent felonies), have no convictions for another felony, and ten years have elapsed since completion of your sentence.
  • You have a misdemeanor conviction, have no other felony convictions or pending charges of any type, and the misdemeanor conviction was at least 10 years ago.
  • You have a non-violent felony conviction, have no felony convictions or pending charges of any type, have received a pardon for the non-violent felony conviction, and it’s been 10 years since your felony conviction.
  • Your conviction was the result of a mistaken ID, where somebody else committed the crime.
  • You were the victim of human trafficking and convicted of prostitution.

  A “Deferred Sentence” for purposes of these rules is where you enter a plea of guilty or no contest, and then court agrees to delay court proceedings, and if you satisfy various conditions (examples: fines, probation, restitution, etc.), it will not enter a finding of guilt, and permit the verdict of guilt and/or plea of guilty or no contest to be expunged.

  “Violent Felonies” for purposes of the above rules include the following offenses: (1) aggravated assault and battery; (2) assault, battery, or assault and battery with a dangerous or deadly weapon; (3) battery on a police officer, sheriff, highway patrolman, or any other officer of the law; (4) poisoning with intent to kill; shooting with intent to kill; (5) assault with intent to kill; (6) assault with intent to commit a felony; (7) assaults while masked or disguised; (8) murder; (9) manslaughter; (10) kidnapping; (11) burglary in the first degree; (12) burglary with explosives; (13) kidnapping for extortion; (14) maiming; (15) robbery; (16) armed robbery; (17) child abuse; (18) wiring any equipment, vehicle or structure with explosives; (19) forcible sodomy; (20) rape; (21) lewd or indecent proposition or lewd or indecent act with a child; (22) use of a firearm or offensive weapon to commit or attempt to commit a felony; (23) pointing firearms; (24) rioting or inciting a riot; (25) arson in the first degree; (26) sabotage; (27) criminal syndicalism; (28) extortion; (29) obtaining signature by extortion; (30) seizure of a bus, (31) discharging firearm or hurling missile at bus; (32) mistreatment of a mental patient; and (33) using a vehicle to facilitate the discharge of a firearm, crossbow or other weapon with intent to kill.

• Oklahoma Expungements Pursuant to Section 991(c)

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  Expungements under Section 991(c) are not as extensive as the Chapter 18 expungements discussed above, but are still incredibly beneficial, as they expunge the actual conviction from your record. In addition, you may later qualify for a full expungement under Chapter 18 at a later date.

  The general requirements to qualify for a Section 991(c) expungement are:

  • You must have successfully completed a “deferred sentence” (described below);
  • The deferred sentence must not relate to a sex crime which requires registration as a sex offender; and
  • You must have completed all of the court’s conditions, including all fines, court costs, probation, and must not have been arrested or charged during the applicable “delay” period.

  A “Deferred Sentence” for purposes of these rules is where you enter a plea of guilty or no contest, and then court agrees to delay court proceedings, and if you satisfy various conditions (examples: fines, probation, restitution, etc.), it will not enter a finding of guilt, and permit the verdict of guilt and/or plea of guilty or no contest to be expunged.

What You Need to Do to Get Rid of Your Record

If you are tired of having a criminal record hold you back, reach out to us by taking our Secure Eligibility Test or by giving us a call at (844) 947-3732. Our law firm has helped thousands of people with criminal records move on in life, leaving many of the negative effects of a criminal record behind. Our experienced attorneys and legal staff are here to help you figure out what criminal record clearing services best fit your needs, and then help you accomplish your goals. Using our secure, confidential Eligibility Test is the best way to get the process started.

Some of the potential benefits of expunging your criminal record in Oklahoma include:

• Removing a finding of guilt from your criminal record to help you get a better job
• Becoming eligible for professional licenses you previously did not qualify for
• Restoring your Second Amendment Right to bear arms
• No longer being treated as a felon
• Increased eligibility for student loans, housing assistance, and government programs
• Improving your ability to obtain higher-paying job opportunities
• Improving access and admission to college and other educational resources

Oklahoma’s expungement rules can be quite complex, and the process is typically difficult to navigate without an attorney experienced in these matters. Our law firm is happy to help guide you through the process—we strongly encourage you to take our FREE, confidential Eligibility Test or give us a call toll free at (844) 947-3732 to discuss your eligibility and the process of expunging a criminal record in Oklahoma. The entire process takes approximately 5-7 months in Oklahoma, so the quicker you contact us, the quicker we can get to work helping you put your past mistakes permanently behind you!

You can trust that you will get exceptional service from our law firm, as we have an A Rating from the Better Business Bureau, and prestigious attorney rating services such as Thompson Reuters and Avvo list our attorneys as Super Lawyers and Superb Attorneys. Our law firm has attorneys licensed to practice law in all Oklahoma state courts, provides low price guarantees, and is here to fight for you and put your criminal record behind you!