Expungement In Oklahoma
Do you have a criminal record? The good news is that you may qualify to have your record expunged. Expungement in Oklahoma means the sealing of criminal records as well as any public civil record involving actions brought by and against the State of Oklahoma arising from the same arrest, transaction, or occurrence.
In Oklahoma the process of expungement is governed by statute. Oklahoma enacted the first general expungement statute in 1987, at this time the privilege of expunging one’s records was very limited in scope. However, because the goal of the statute was to help people get a second chance the Legislature has expanded the number of categories of people who may qualify to have their records expunged over time.
Who Qualifies To Have Their Records Expunged?
Because expungement in Oklahoma is governed by statute to qualify for expungement one must meet the statute requirements for qualification. Currently Oklahoma statutes allow for expungement when the person seeking expungement falls within one of fifteen categories. These categories which are located in Title 22 O.S. §18(A) are:
- The person has been acquitted
- The conviction was reversed or was reversed with instructions to dismiss by an appellate court
- Innocence was established using DNA evidence
- Full pardon by the Governor
- The person was arrested and no charges of any type were filed and the statute of limitations has expired or the prosecuting agency has declined to file charges
- Under 18 years old at the time the offense was committed and received a full pardon
- Charges were dismissed, person has never been convicted of a felony, no charges pending, and the statute of limitations for refiling has expired or prosecuting agency confirms they will not be refiled
- Charged with a misdemeanor which was dismissed after successful completion of deferred judgement or delayed sentence, person has never been convicted of a felony, no charges are pending and at least 1 year has passed since dismissal
- Charged with nonviolent felony which was dismissed after successful completion of deferred judgement or delayed sentence, person has never been convicted of a felony, no charges are pending and at least 5 years has passed since dismissal
- Convicted of a misdemeanor offense and sentenced to a fine of less than $501 without a term of imprisonment or a suspended sentence, the fine has been satisfied, person has never been convicted of a felony, and no charges are pending
- Convicted of a misdemeanor offense and sentenced to a term of imprisonment, a suspended sentence or a fine in an amount greater than $500, person has never been convicted of a felony, no charges are pending, and at least 5 years have passed since the end of the last misdemeanor sentence
- Convicted of a nonviolent felony, person was not convicted of any other felony, person has not been convicted of a misdemeanor in the last 7 years, no charges are pending, and at least 5 years have passed since the completion of the sentence for the felony conviction
- Convicted of no more than 2 felonies, none of which is defined in 21 O.S. § 13.1 or any offense that requires registration as a sex offender, no charges are pending, and at least 10 years have passed since the completion of the sentence for the felony
- The crime was committed by another person who stole the identity of the person arrested or charged
- Convicted of a nonviolent felony offense which was subsequently reclassified as a misdemeanor, not serving a sentence for a crime in Oklahoma or any other state, at least 30 days have passed since the completion or commutation of the sentence for the reclassified crime, restitution ordered by the court has been satisfied, and any treatment program ordered by the court has been completed
Oklahoma has also adopted 22 O.S. § 991(c) which deals with deferred sentences. Section D of this statute allows for partial expungement of records relating to deferred sentences. This subsection allows for expungement of these records once a defendant has completed conditions of the deferred judgement and the court finds that the conditions have been met and the fees paid. After the court makes this finding the defendant shall be discharged with a judgment of guilt and the court shall order the verdict or plea to be expunged from the record and the charge shall be dismissed with prejudice.
Call us at (580) 234-6600 to discuss the requirements for expungement and whether or not you might qualify.