What Types of Criminal Records Can Be Expunged in Oklahoma?

The United States has a huge percentage of people with criminal records. One in three people in the country have criminal charges or convictions that appear in a background check. In Oklahoma, a person can have a criminal record even if their case was dismissed, or if the court found them not guilty. In most cases, criminal and arrest records last forever and can create significant hardships in your life.

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

Those with a criminal record have difficulties accessing employment, are shut out from public housing, cannot get loans from financial institutions, and lose certain constitutional rights, besides many other barriers. Getting your criminal record expunged can seal any arrests or criminal convictions from your permanent record and offer you a new start in life.

However, only some types of criminal records can be expunged in Oklahoma, and the expungement process is extremely complicated. Applicants must ensure that they are legally eligible for expungement and that their private interests outweigh the public interest in viewing their records. Because of the complicated process of expungement, we strongly recommend that you hire the legal expertise of an experienced expungement lawyer.

Cannon & Associates

Cannon & Associates are Fierce Advocates for citizens with criminal records in Oklahoma. We have seen firsthand the significant barriers that those with a criminal history face, and how having a record can limit your opportunities and lead to further crimes. Our job is to protect you from the harsh injustices of the criminal legal system and fight to get your records expunged.

Our criminal defense attorneys have significant experience with record expungement in Oklahoma, and we have a deep understanding of criminal laws. Whether you have received misdemeanor or felony charges, misdemeanor convictions, or a suspended sentence, we will fight hard to get your record cleared.

The Fierce Advocates at Cannon & Associates have won multiple awards and recognitions for their dedication to protecting the rights of our clients. Some of these awards include Enterprise.com Best Criminal Defense Attorneys in Oklahoma City 2022 and consistently high AVVO ratings. Our managing attorney, John Cannon, is a former prosecutor and has significant experience in the expungement process in Oklahoma.

Call our law firm today to schedule a free consultation at 405-591-3935.

Oklahoma Law on Expungement

Expungement is the process of removing a conviction or arrest from a person’s criminal record. If you have a previous criminal conviction or arrest record and go through the expungement process, this will no longer be visible on your record. In Oklahoma, however, a conviction can not be completely removed from your record, only from public view. Law enforcement agencies and those who get a court order can still access your record.

Record expungement in Oklahoma is notoriously difficult. Even though lawmakers recognize the significant barriers that a criminal history can create for someone, the laws remain stringent. Within the state, only 10% of people are eligible for record expungement, and this record expungement is more like record sealing.

Although expungement in Oklahoma is difficult, if your criminal record is eligible for expungement, you can seriously increase the quality of your life through this process. By getting your record sealed or expunged, your criminal history will no longer appear on background checks. This makes you eligible for more jobs, gives you greater access to education, allows you to apply for public housing, and much more.

Consequences of a Criminal Record in Oklahoma

The consequences of receiving criminal or court records for crimes are severe. If you receive a criminal conviction, you can expect to face barriers in almost all parts of your life. Even though a huge portion of American citizens have a criminal history, the law makes it extremely difficult for people to reintegrate back into society and is guilty of excluding those with a record.

Employment & Education

Studies show that 90% of employers conduct background checks on potential employees and are significantly less likely to hire someone with a criminal record. Some types of employment ban those with a record, including education, healthcare, and public office.

With education, 3 out of 5 institutes conduct background checks on applicant students, and 4 out of 5 landlords look at a person’s criminal record.

Public Housing & Social Stigma

Those with a criminal background are excluded from government public housing programs and family members can also face difficulties if they allow children with criminal backgrounds in their public houses. If you are in any legal battles, such as child custody battles or divorce proceedings, your criminal records can be used against you.

On top of this, those with a record often face societal stigma, which can lead to feelings of exclusion, loneliness, and hopelessness. For these reasons, expungement in Oklahoma is a vital process that enables people to move on with their lives after a criminal conviction or arrest.

Types of Expungement Under Oklahoma Law

The two main types of expungement in Oklahoma are Section 18 expungement and Section 991c expungement. Section 18 expungement is a complete expungement of your arrest records under law, whereas Section 991c is not an entire expungement. There are other types of expungement available in unique situations, including expungement for victims of human trafficking.

Section 18 Expungement

This expungement is for your entire arrest record and is the most comprehensive expungement in Oklahoma. Your arrest records are hidden from members of the public and only available to a law enforcement agency or through a court order.

Section 991c Expungement

This expungement is for those with a deferred sentence. A deferred sentence does not result in a criminal conviction if the sentence is successfully completed. The plea will be expunged from your record and a case dismissal will appear on your record.

Your arrest records will still be visible with a Section 991c expungement and remain on file with the Oklahoma State Bureau of Investigation. This expungement seals your court record, but the arrest record remains.

Other Expungement

Other types of expungement that can be granted in rare circumstances include:

Section 19a expungement – If you were a victim of identity theft and the person convicted stole your identity to commit the crime, you may be eligible for record expungement.
Section 19c expungement – If you were a victim of human trafficking, you may be eligible for record expungement.
Section 60.18 expungement – If you were named in a protective order, you may be eligible for expungement in some situations. The protective order must have been canceled over three years ago, dismissed or withdrawn, or been a temporary order.

To qualify for an expungement under Oklahoma law, you must meet certain requirements, apply with the relevant documentation to the District Court, and pay the fees. To figure out whether you are entitled to an expungement under any of the sections listed above, contact a criminal defense attorney at Cannon & Associates.

What Types of Criminal Records Can Be Expunged in Oklahoma?

Not all criminal records can be expunged in Oklahoma. In fact, there are very limited circumstances in which a person’s record can be expunged. As noted previously, expungement does not equate to a complete erasing of the charges or convictions and the destruction of your physical records. Expungement in Oklahoma is more similar to record sealing.

Felony or Misdemeanor Charges

Misdemeanor or felony charges can be expunged from your Oklahoma criminal record in the following circumstances:

Dismissed charges for misdemeanor or felony crimes – You must have no prior felony convictions, no pending criminal charges, and the statute of limitations for re-filing criminal charges has expired.
Deferred sentence – You received a deferred judgment or delayed sentence for a misdemeanor criminal charge and successfully completed this sentence. You can apply for expungement one year since the sentence has passed. You must have no prior convictions and no pending misdemeanor or felony charges.
Nonviolent felony offense – You received a deferred sentence or delayed sentence for a nonviolent felony offense, not listed in 57 O.S. § 571, and successfully completed this sentence. You can apply for expungement five years after the dismissal of the charges. You must have no prior felony or misdemeanor convictions and no felony or misdemeanor charges pending against you.

Misdemeanor or Felony Convictions

If you have been convicted of a crime, the expungement process is a lot more difficult. However, it is entirely possible if you meet the requirements and get legal guidance with the application. The following misdemeanor and felony convictions are eligible to be expunged in Oklahoma:

Misdemeanor conviction – A misdemeanor conviction can be expunged if ten years have passed since the end of the sentence, the person does not have a previous felony conviction, and there are no pending felony or misdemeanor charges.
A nonviolent felony conviction – A nonviolent felony conviction can be expunged with a full pardon for the offense, no prior felony convictions, no separate misdemeanor conviction within the past fifteen years, no pending misdemeanor or felony charges, and it has been ten years since the conviction.

Outside of these circumstances, it is not possible to get a misdemeanor or felony conviction expunged from your record. We recommend discussing your criminal case with an experienced attorney if you are curious about record expungement. They will assess your case and figure out if you are eligible for expungement.

Am I Eligible For Expungement in Oklahoma?

To qualify for expungement eligibility, you must meet the legal requirements listed above. There are other circumstances that could make you eligible for record expungement, including:

Being acquitted of a crime.
DNA evidence proved your innocence after your conviction.
Being under the age of 18 when the crime was committed and receiving a full pardon.
The conviction was reversed on appeal.
Receiving a full pardon by the Governor for the actual innocence of the crime.

If you meet the legal requirements, a lawyer can help you file an expungement petition. It is worth noting that even if you meet the requirements for full record expungement, Oklahoma State authorities can still reject your petition for expungement. If the OSBI believes that keeping your records is in the public interest, they may reject the petition.

How Does Expungement Impact My Criminal Record?

Expungement in Oklahoma does not completely erase the conviction or charges from your criminal records. The record gets sealed, so it is inaccessible to members of the public. Employers, landlords, education institutions, financial institutions, and other public and private institutions cannot access your records. So, when you are asked if you have a criminal record, you can honestly say that you do not.

However, your expunged record is still visible to law enforcement agencies and other criminal justice agencies for law enforcement purposes. A court order may also grant access to it when it is necessary to do so. A police officer may also use your record against you to discredit testimony that you give in a court of law. An expungement does not lead to the destruction of your physical records, and your fingerprint cards will be kept by OSBI.

A prosecutor may also use an expunged felony conviction against you in subsequent criminal trials. If you are charged with a subsequent felony or misdemeanor charge, law enforcement or prosecutors may use it against you to increase your sentence or prevent a deferred sentence. So, even though your criminal record will no longer affect your day-to-day life with an expungement, you can never completely delete it.

Process of Expungement in Oklahoma

Those with criminal charges or convictions on their record in Oklahoma must start the expungement process themselves. Although the law is expected to change in the future, there is currently no automatic expungement when eligible in Oklahoma. To start this process, we recommend contacting an expungement attorney. A lawyer from our law firm can advise you whether you are eligible for expungement and help you through the application.

Our lawyers can help you get a copy of your OSBI criminal history report by submitting a request to their offices. Once you have received this, we can petition the district court for an expungement. You will then receive a hearing date from the court clerk, and you will have at least thirty days to prepare for the hearing.

While awaiting your expungement hearing, we will serve a copy of your expungement petition to the District Attorney, the OSBI, the arresting agency, and any other parties involved in the case. These parties should then sign the form if they do not object to the expungement of your records.

During your court hearing, the Judge will ultimately decide whether your records should be expunged. If they believe that sealing your records would not harm the public interest, they will order your records to be sealed. If they find a reason to believe that the public interest would favor your records unsealed, they will not seal the records.

How Long Does It Take To Get an Expungement in Oklahoma?

The time it takes for record expungement depends on the circumstances of each case. Generally, the process can take anywhere from 30 days to 120 days. The first step is to expunge the court records of your charges or conviction. Once you submit your petition to the OSBI, it typically takes one month for the court records to be expunged. Then, you must get the arrest records expunged, which also usually takes one month to complete.

The process can take significantly longer if you do it without the help of an experienced attorney. An attorney that has experience handling expungement cases will know what documents to submit, and the information needed for a successful petition. They will then ensure to submit all of your documentation on time.

How Much Does it Cost To Get an Expungement in Oklahoma?

Getting your record expunged in Oklahoma can be costly. However, the consequences of having a criminal conviction can cost you a lot more money down the line. If you cannot work, get into third-level education, or access public housing, you will lose out on a lot more money than expungement costs. Because of this, we always recommend hiring an experienced attorney to help you with the process, even if there are extra costs.

The costs for record expungement in Oklahoma include:

OSBI criminal history report – $15.00
Filing fees and mailing fees – $175.00 approximately
OSBI processing fee – $150.00
Law enforcement processing fee – $25.00

The costs of expungement can vary depending on the district you live in. Usually, every office that you deal with during an expungement requires a fee, with some fees being larger than others. You also need to factor in attorney costs, which vary depending on the law firm you choose.

At Cannon & Associates, we offer these services as flat fees for the entire process. Our lawyers can discuss the costs of expungement with you further in a free consultation.

Hiring an Expungement Attorney in Oklahoma

The General Counsel for OSBI, which is the office involved in all expungements within the state, strongly recommends hiring legal counsel for the expungement process. They note on their website that those going through the expungement process must understand the legal requirements and paperwork required for an expungement petition, and those without an attorney will be held to the same standards as attorneys.

Expunging a record is complex, and there are many steps to be carried out for a successful petition. You must prove several points before your records can be expunged, including that you are legally eligible for expungement, are remorseful, require the relief given by expungement, are a productive member of the community, and your interests in having private records outweigh the public interests.

What Can an Expungement Lawyer Do?

Hiring an expungement attorney is the easiest way to ensure that you comply with the legal requirements and that your petition gets successfully passed through the courts. An attorney will first advise you on whether you are eligible for expungement to avoid you wasting time and money.

They will then gather documentation on your behalf, ensure that documents are submitted and filing fees are paid on time, draft an excellent petition for expungement, appear in the District Court on your behalf, handle your Order For Expungement, and coordinate with all parties involved in your arrest to ensure that your Oklahoma record is sealed.

They will play a key role in ensuring that your petition for expungement is successful and will enable you to move on with your life after getting your records sealed.

Contact an Expungement Lawyer at Cannon & Associates Today!

Criminal charges can upturn your life, regardless of how small the charges are. Being convicted of a misdemeanor for petty theft or driving under the influence can haunt you for the rest of your life. The process of expungement in Oklahoma is quite complex, however, it offers people a chance to clear their records and begin a new chapter of their lives without significant barriers.

The records that can be expunged in Oklahoma are quite limited, and you will need to start the application for expungement yourself. If you believe you are eligible for expungement and want to clear your record, contact an experienced criminal defense lawyer today. The expungement process is complicated, and having a lawyer by your side can make it much easier.

Cannon & Associates

At Cannon & Associates, we understand the challenges faced by those with a criminal court record. You may be unable to get employed, take out a loan from a bank, and lose some of your constitutional rights. Our lawyers want to help you move on from a criminal conviction or charge by helping you through the expungement process.

We have a team of Fierce Advocates that work tirelessly to protect the legal rights of Oklahoma citizens. Our criminal defense attorneys have been helping clients get their charges dismissed, cases thrown out, and records expunged for many years.

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

We have the skills and experience necessary to file an expungement petition on your behalf, and we will do everything in our power to help you move on with your life.Call our law firm today for a free consultation at 405-591-3935.

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