What Happens After An Expungement Is Granted In Oklahoma?

Individuals can find themselves with a criminal record for many seemingly minor infractions. Even dropped charges, dismissed cases, and arrests with no charge can find their way onto your permanent criminal record.

Free Resources from OKC Expungement Attorneys:

Do you want your Oklahoma criminal record expunged for a clean start? Our team of Your Fierce Advocates® at Cannon & Associates is led by Army Veteran, John Cannon and we’re privileged to be Oklahoma City criminal record expungement attorneys. Our Oklahoma expungement attorneys can help you explore options for a fresh start to Your Better Future. Please find FREE RESOURCES on our YouTube page, our website, and our FAQ Expungement in Oklahoma page, until we meet to answer your specific Oklahoma expungement questions. You may also CALL NOW at 405-591-3935, 24 hours a day, and 7 days a week for a free Oklahoma expungement planning session to understand your options for if or when you qualify for an expungement in Oklahoma!

OKC Expungement Lawyers

If you do have a criminal record, likely, this is causing some level of difficulty and complications in your day-to-day life. In addition to convictions, even arrest records and court records can appear on a background check and cause challenges for employment, renting, and applying for financial support, such as loans and car finance.

The Center for American Progress reports that nearly 9 in every 10 employers and 4 in 5 landlords conduct background checks when they are screening applicants. Similarly, nearly 50,000 state and federal regulations impose disadvantages and even disqualifications for an individual with a conviction.

A criminal record rarely tells the whole story, and the stigma that comes with even a simple arrest with no charge can cause many problems for an individual’s future. Sometimes an irresponsible mistake from your youth can impede your life for many years. Expunging a criminal record offers an opportunity to leave your past behind you and live your life burden-free without a record. Once an expungement is granted, your records are sealed, and you can then deny the offense ever took place and live your life freely, with no criminal record.

Expunging your criminal record can be complex. Many detailed eligibility laws apply, and each expungement case is unique. Similarly, there is the added risk that the district attorney or law enforcement agencies could object to your expungement in your hearing. Securing representation from an experienced expungement attorney is essential to give you the best chance of a successful outcome.

Cannon & Associates’ attorneys strongly believe in the benefits of expungement and an individual’s right to move beyond their criminal history. We are highly experienced in the expungement process in Oklahoma, and our knowledgeable criminal defense attorneys can help you to navigate the complex process to start a new chapter in your life.

To discuss your eligibility for expungement and how Cannon & Associates can support you, schedule a free consultation today by calling us at 405-591-3935.

What Is An Expungement In Oklahoma?

An individual’s criminal record will be flagged on background checks and is also usually publicly available through the Oklahoma State Bureau Of Investigation (OSBI). Under the Oklahoma public records act, interested persons are able to request to view and receive a copy of most criminal records in the state. Publicly available criminal records can also be hosted on third-party websites where interested members of the public can search for an individual’s criminal history.

In Oklahoma, an expungement is a process whereby an individual petitions the Oklahoma court to remove their criminal offense from state records. Some states destroy a record once it has been expunged. However, the State of Oklahoma permanently seals the records, which very few officials can then access following the expungement.

How An Expungement Can Help You

Your criminal record holds information on not only any crimes you have been convicted of, but also any arrests, dismissed charges, and protective orders against you. A record of an arrest can be enough to cast suspicion or count against you in the recruitment process for example, even if the arrest didn’t result in a charge. Any type of criminal record, can count against you in many areas of life, including:

• When looking for employment.
• In family law proceedings, such as child custody arrangements.
• Renting a property.
• Applying for college and financial aid.
• Applying for a professional license, such as a commercial driver’s license.
• Reputationally, a criminal record often carries a social stigma, and many records are readily accessible to interested members of the public.

In addition to hindering major life steps, a criminal background can even cause problems in seemingly everyday activities, such as chaperoning an event at your child’s school. However, expungement can be a beneficial tool to rid your life of such restrictions. A successful expungement can give you a second chance and a fresh start to continue with your life without the weight of your past and potentially foolish, minor mistakes following you around. If you receive a full expungement, you are even legally entitled to deny that the offense ever took place in most situations.

How To Get A Record Expunged

To seek expungement, you must file a petition with the court that handled your initial criminal case. The arresting agency, district attorney, and OSBI will be provided with 30 days’ notice of the petition. During these 30 days, these agencies can submit a challenge to the expungement.

After you have filed the petition with the relevant court, the court clerk will set a hearing date. At your hearing, the Judge will examine whether you meet the legal requirements for expungement and consider any objections. A law enforcement agency, the OSBI, or the district attorney can object to your expungement over concerns for the public interest. A Judge will weigh up the harm a criminal record could be having on your life and your need for privacy, with any objections based on the public interest.

If your hearing is successful, the Judge will approve your expungement and create an order to remove your records. A Judge could also decide to remove only some of your records, or limit who can access them.

Complete Expungement

Individuals convicted of both misdemeanor or felony charges could be eligible for a full expungement of their criminal record in Oklahoma, although some offenses may render an individual ineligible. The specifics of a full expungement are outlined in section 18 of the Oklahoma statutes. As such, a full expungement is often referred to as a section 18 expungement. Oklahoma law outlines the eligibility criteria for a full expungement. An individual must satisfy at least one criterion to qualify. These include the following:

• They have been found not guilty or acquitted of the crime.
• They were exonerated after their conviction with DNA evidence.
• They were arrested, but no subsequent charges were filed, and the District Attorney has declined to file charges, or the statute of limitations has expired.
• They received a full pardon from the Oklahoma Governor based upon a written finding of innocence.
• They were a juvenile (under 18) at the time of the offense and have received a full pardon.
• The conviction was reversed during an appeal, and the district attorney dismissed the charge, or instructions to dismiss were issued.
• They were convicted of a misdemeanor, at least 10 years have passed since the conviction, and they have no other pending, prior, or subsequent criminal charges.
• Their misdemeanor or felony charges were dismissed. Provided they have no prior felony convictions and no pending misdemeanor or felony charges. And the statute of limitations for the dismissed charges has expired, or the district attorney has confirmed they will not re-file the charges.
• A misdemeanor charge was dismissed after the completion of a deferred sentence, and two years have passed since the dismissal, provided the individual has no other pending, prior, or subsequent charges (both misdemeanor and felony).
• A nonviolent felony charge was dismissed after completion of a deferred sentence, and at least 10 years have passed since the dismissal. Provided they have no pending, prior, or subsequent misdemeanor or felony charges.
• They were convicted of a nonviolent felony offense but have since received a full pardon, and 10 years have passed since they were convicted. As long as they have no pending, prior, or subsequent charges.

An individual could also qualify for expungement if they are an identity theft victim and are the subject of an arrest warrant or have been charged with a crime committed by the individual who stole their identity. Additionally, victims of human trafficking may also be able to have any prostitution records expunged.

Section 911(c) Expungement

An expungement under section 911(c) of Oklahoma Statutes applies to some individuals who have completed probation or received a deferred sentence. If you received a deferred sentence in your case, you could be eligible to expunge your plea and have your case updated to show that it was dismissed. In this situation, your court record would reflect that your case was dismissed.

A full expungement, or section 18 expungement, will seal both the court records and the criminal record with OSBI, whereas a section 911 expungement will seal court records. A section 991 expungement will remove the record from publicly available sources such as the Oklahoma District Court Records and Oklahoma Supreme Court Network. However, an arrest record will likely still flag on future background checks.

These two types of expungement are not mutually exclusive, and you may be eligible for both. A skilled attorney can help decipher which method of expungement you could apply for and how you could potentially use both avenues to reduce the short and long-term burden of your criminal records.

Convictions Ineligible For Expungement

Most violent felony convictions cannot be expunged in Oklahoma, including first and second-degree robbery, murder, and aggravated assault with a weapon. Exceptions apply if you receive a full pardon from the governor. If you are pardoned, even crimes that are not typically eligible for expungement may be expunged.

Many non-violent felony convictions and misdemeanor convictions are eligible for expungement 10 years after the individual has completed their sentence. However, if an individual has been convicted of more than 2 felonies, even non-violent offenses, they will not be eligible to expunge their record in Oklahoma.

Sex Offenses

If you have received a conviction that requires you to register as a sex offender, you will not be able to expunge your criminal record in Oklahoma. The State of Oklahoma will only approve an expungement when it is deemed that there are no threats or concerns to the public interest. Oklahoma law treats sex offenses with the utmost severity and thus finds that an expungement of a history of sex offenses would not be in the public interest.

Domestic Violence

A domestic violence offense is a common charge individuals look to expunge from their records. Many incidents can result in a domestic violence arrest and even a charge. Sometimes this could be a result of a misunderstanding or an argument that escalated where the police were called. Even an arrest without subsequent charge will flag on a criminal background check, and the stigma of a domestic violence offense can have severe impacts on your future.

There are some instances in Oklahoma whereby a domestic violence offense can be expunged from your record. For instance, if you were arrested and not subsequently charged or if you were charged, but your case was dismissed, you may be to expunge this from your record.

If you are convicted of domestic violence, the chances for expungement decrease significantly. If you received a conviction for a misdemeanor domestic violence offense, you could be eligible for an expungement after a certain amount of time has passed since the conviction.

Typically, felony domestic violence convictions can not be expunged, unless you received a deferred sentence. In this situation, you could be able to obtain an expungement under section 991(c). If you are looking to expunge a domestic violence offense, speak to an experienced attorney to understand if your case is eligible and how the expungement laws in Oklahoma apply to you.

Cannon & Associates Oklahoma Expungement Attorneys

In some situations, the OSBI or another interested party may object to an expungement petition if they believe keeping the record will be in the public interest. The OSBI can object to an eligible expungement on policy grounds if they believe the public interest of retaining the record outweighs the downsides to the individual of maintaining their criminal record. It is in these situations that a skilled attorney is invaluable to your case. To go through the lengthy process of expungement, only for it to be denied at a hearing, can be devastating. Having an experienced attorney by your side can ensure that you are prepared to fight any potential challenges that come your way in a hearing and defend your right to expungement.

As little as 10% of individuals with a criminal record in Oklahoma receive a successful expungement. Often the complexity, time commitment, and inaccessibility of the Oklahoma expungement process are cited as justification for this low figure. However, the experienced attorneys at Cannon & Associates are best placed to help you through the Oklahoma courts process and secure the best possible outcome for you and your future. We believe that eligible individuals should not be haunted by their criminal past forever, and an expungement is a powerful tool that everyone with an eligible record should be able to access.

Schedule Your Free Expungement Consultation With Cannon & Associates!

It can be challenging to understand exactly how Oklahoma’s expungement laws apply to your case and how this could affect you, but you do not have to figure this out alone. Cannon & Associates expungement lawyers have extensive experience with Oklahoma law and securing successful outcomes in expungement cases. We can use our knowledge and skill in this area to help you establish if expungement could help you move past your criminal history.

Book a free consultation with an expungement attorney to discuss your eligibility and the next steps in leaving your past behind you. Contact the legal team at Cannon & Associates today by calling 405-591-3935.

Expungement In Oklahoma FAQs

What happens if I move to another state after getting an expungement in Oklahoma?

Each state has its own expungement laws that govern the offenses that can be expunged in that state. For example, some states will only allow DUI offenses to be expunged, whereas other states specifically do not permit the expungement of DUIs.

Regardless of different state laws, if your record has already been expunged in Oklahoma before you move to the state, it is reasonably safe to assume it will remain expunged. It is important to note that the state of Oklahoma does not destroy records once they are expunged. Instead, they are sealed and only accessible by law enforcement agencies and members of the criminal justice system. Depending on the type of expungement in your case, the arrest records may not be expunged from the OSBI. As such, this record may appear on an out-of-state background check if you leave Oklahoma.

Expungement laws are complex and contain substantial variation, depending on each case. If you have expunged a criminal record and are looking to leave Oklahoma, speak to an expungement attorney to understand how your record and Oklahoma’s laws may affect you in your relocation.

How long after a criminal conviction can I file for expungement?

How long you will need to wait before filing for an expungement will depend on a range of factors, including whether you are looking to expunge felony or misdemeanor charges. Other factors will also influence whether you are eligible for an expungement, such as your criminal history since the offense.

A general assumption is that you will need to wait 10 years after an eligible misdemeanor or felony conviction to file for expungement. However, specific cases vary, and the sentence you received for the offense can also affect this. If your charges were dismissed, the waiting period could reduce to one year after dismissal regarding misdemeanor offenses.

Do I have to declare my conviction if it has been expunged?

Whether you can deny your criminal record when asked about your background after expungement in Oklahoma depends on the expungement you received. If your record was expunged under section 991(c), you are not legally able to deny your criminal history, but you can say that the case was dismissed and you were not convicted. In most situations, if your record is expunged under section 18, you can legally deny that an offense ever occurred.

Some exceptions apply, particularly in specific employment sectors whereby you are required to declare even expunged records. This is common in sensitive professions that work with vulnerable people or children, such as in a school, hospital, daycare, or nursing home. Similarly, if you apply to work with state government or federal agencies, you may also be required to disclose an expunged record. In particular, if your role will require a security clearance, access to sensitive information, or put you in contact with vulnerable individuals.

Some companies outsource background checks of potential employees to third-party companies. These companies periodically download public court record databases and maintain an archive. If your record has been expunged, although it will not appear on a current background check, it is possible that these historic databases could show your previous offense and highlight this to an employer.

Similarly, expunging your history will only affect specific legal records. Social media, newspapers, and even civil court proceedings may still document your previous criminal history in the public domain.

Can anyone still view an expunged record?

The specific circumstances under which your record was expunged will influence whether your previous convictions remain viewable. If your record is expunged following the completion of a deferred sentence or because at least 10 years have passed since the misdemeanor charge, your record may still be viewable to some agencies.

For example, a law enforcement agency may still be able to view your record for law enforcement purposes. Additionally, these records could still be admissible in court as evidence of previous convictions, even after expungement. However, most expungements will at least remove the record from public databases and public view.

To understand the specifics of your criminal record and what an expungement could mean for you, speak to an expungement lawyer to discuss your case.

How much will an expungement cost in Oklahoma?

The State of Oklahoma imposes an expungement fee of $150 to record the final court order, payable to the OSBI. An individual is also required to pay $15 for their OSBI criminal history report and additional court filing fees. A court filing fee could cost approximately $175. These costs can further increase depending on the complexity of the case and the legal time required. However, even expensive expungement cases are worth the financial cost when successful, as an individual’s access to future opportunities, such as employment, can open up substantially.

Free Resources from OKC Expungement Attorneys:

Do you want your Oklahoma criminal record expunged for a clean start? Our team of Your Fierce Advocates® at Cannon & Associates is led by Army Veteran, John Cannon and we’re privileged to be Oklahoma City criminal record expungement attorneys. Our Oklahoma expungement attorneys can help you explore options for a fresh start to Your Better Future. Please find FREE RESOURCES on our YouTube page, our website, and our FAQ Expungement in Oklahoma page, until we meet to answer your specific Oklahoma expungement questions. You may also CALL NOW at (405) 972-8604, 24 hours a day, and 7 days a week for a free Oklahoma expungement planning session to understand your options for if or when you qualify for an expungement in Oklahoma!

OKC Expungement Lawyers

At Cannon & Associates, we will outline our legal fees at your initial free consultation. We endeavor to be transparent with all our clients about the cost of their legal action to ensure they don’t receive any unexpected surprises or additional financial stress during the process.

Call today 405-591-3935.