Understanding Expungement: Does a Background Check Show Expunged Records in Oklahoma?
When it comes to expungement in Oklahoma, many wonder if a background check shows expunged records. Expungement, a legal process that allows for the sealing of certain criminal records, can provide individuals with a fresh start by removing past offenses from public view. However, there is often confusion surrounding the effectiveness of expungement, particularly regarding its impact on background checks conducted by official agencies.
When it comes to understanding expungement laws in Oklahoma, individuals must be aware of how expungement impacts their records and background checks. Expungement can offer a fresh start by removing past offenses from public view, but it’s important to understand its nuances. This includes whether expunged records will still appear on background checks conducted by agencies like the Oklahoma State Bureau of Investigation. By gaining clarity on the expungement process and its implications, individuals can make informed decisions about pursuing expungement and securing a brighter future.
When it comes to understanding expungement laws and ensuring your rights are protected, it’s essential to have knowledgeable legal guidance by your side. If you’re considering expunging your records in Oklahoma or have questions about how expungement may affect your background check, don’t hesitate to reach out to Cannon & Associates at 405-657-2323 for a free case strategy session and insights into your eligibility for expungement in Oklahoma.
Understanding Expungement in Oklahoma
Expungement in Oklahoma may provide the following benefits:
- Seal public records, offering the individual a fresh start
- Unlock doors that were previously closed due to past mistakes
- Facilitate better opportunities for jobs, housing, and professional licenses
- Allow individuals to not reveal their past misdemeanors or felonies, granting them access to products and services previously restricted
Keep in mind that an expungement seals public court records, yet law enforcement agencies retain access to the arrest record and the court record.
What is Expungement?
Expungement is a legal process that seals a person’s criminal record from public access, resulting in a record being expunged. Think of it as a curtain drawn over your past, shielding it from the prying eyes of the public. An expunged record is treated as if it no longer exists, effectively removing the criminal record from public view.
Hence, an expunged record becomes invisible and inaccessible during a typical background check process, as it is no longer part of the public record. It’s a clean slate, a second chance, a new beginning.
Types of Expungements
In Oklahoma, there are two types of expungements – full and partial. A full expungement is like a comprehensive sweep of your criminal history, sealing all arrest and court documents, making them inaccessible to the public. It allows you to legally deny the existence of the expunged conviction upon inquiry.
The partial expungement, on the other hand, is more like a gentle scrub. It changes the case dismissal and plea to ‘not guilty,’ but does not seal the entire criminal record. It deals mainly with deferred sentence cases and does not expunge arrest records, only court records. The eligibility for both types depends on various factors, including the nature of the crime and the time elapsed since sentence completion.
The Impact of Expungement on Background Checks
Background checks can be significantly influenced by expungement. It’s like wiping your digital fingerprint clean, making it difficult for employers and landlords to trace your past criminal records. Once your record is expunged, it should not be found on current background checks. In Oklahoma, name-based background checks that most employers use will generally not show expunged records.
Nevertheless, bear in mind that expunged records might still appear on fingerprint background checks, given that they are processed through federal databases. In fact, certain law enforcement agencies and members of the criminal justice system retain the ability to access sealed records after an expungement.
Employment Background Checks in Oklahoma
Securing a job when you have a criminal record can pose a challenge in Oklahoma. An employer’s background check can quickly bring past mistakes into the harsh spotlight. But with a full expungement, the game changes. In Oklahoma, individuals are not legally bound to disclose expunged offenses on job applications, significantly enhancing job opportunities when you have a criminal record that has been expunged.
Typically, employers conduct name-based background checks that exclude expunged records, as these records are not included in public records and state-level databases.
Government Agency Background Checks in Oklahoma
Government agency background checks are a different ball game. While expungement can make a record invisible to the public eye, certain federal agencies, such as those dealing with sensitive information or vulnerable individuals, may still be able to access these records. This is because certain law enforcement agency officials, like the district attorney’s office, can still access expunged records through federal databases like the National Crime Information Center (NCIC).
For federal security clearances, expunged records can appear during fingerprinting as part of federal databases, potentially impacting access to classified information. It is important to note that physical records of these expunged records may still exist.
Records Eligible for Expungement in Oklahoma
Expungement eligibility in Oklahoma varies on a case-by-case basis, as it depends on a variety of factors such as the nature of the offense, prior convictions, and the time elapsed since the offense occurred, all in accordance with Oklahoma law.
For instance, nonviolent felony convictions can be expunged with a full pardon, provided that the individual meets the following criteria:
- No prior felony convictions
- No misdemeanor convictions in the past fifteen years
- No pending charges
- Ten years have passed since the conviction.
Similarly, misdemeanor convictions are eligible for expungement if ten years have passed since the sentence’s end, with no previous felony convictions and no pending felony or misdemeanor charges.
Records Ineligible for Expungement in Oklahoma
Despite expungement offering a new beginning to many, not every record qualifies for this vital deletion in Oklahoma. Records involving injuring others or being a registered sex offender, for instance, are generally ineligible for expungement. Violent felonies and sex offenses necessitating compliance with the Oklahoma Sex Offender Registration Act can’t be expunged.
In addition, recent criminal activity, such as having a criminal conviction or another crime on record in the last seven years, or current pending criminal charges, can also render one ineligible for expungement.
The Expungement Process with Cannon & Associates
The legalities of expungement can seem intimidating. But that’s where we, at Cannon & Associates, step in. Our mission is to guide you through the expungement process in Oklahoma, explaining eligibility and managing the necessary legal documentation. We expedite the expungement process by efficiently:
- Drafting and filing petitions
- Serving involved parties
- Scheduling hearings
- Presenting the final order to the court
Engaging our experienced attorneys can significantly enhance the chances of a favorable expungement outcome.
Assessing Eligibility
At Cannon & Associates, we offer a comprehensive consultation to evaluate your case for expungement, including:
- Explaining the eligibility criteria
- Explaining the steps involved in the process
- Considering factors such as your prior convictions, the nature of your offenses, and the time that has elapsed since the offense occurred to assess your eligibility for expungement
We aim to provide you with a clear and precise understanding of your options and guide you toward making an informed decision about seeking expungement.
Preparing and Filing the Petition
Applying for expungement involves:
- Preparing a comprehensive petition that addresses all necessary factual and legal issues
- Ensuring the petition contains complete information and evidence supporting your eligibility and reasons for expungement
- Collecting all relevant documents, including court records, case details, and certificates of completion for any rehabilitation programs or probation, to strengthen your petition
At Cannon & Associates, we will draft and file the petition with the district court to help you through the expungement process.
After filing, we manage the procedural requirements of your seeking an expungement. We will serve all necessary parties, including the District Attorney and OSBI with a copy of the Petition. Additionally, we will seek to ensure that the Order for Expungement is obtained as quickly as possible, then properly filed and served, with the expungement typically occurring within 30-45 days, provided all fees are paid and legal requirements are met.
Representation at Oklahoma Expungement Hearings
The expungement hearing is a critical stage in the process, and at Cannon & Associates, we provide representation to clients at these contested hearings, advocating on your behalf amidst challenges. If interested parties, such as the Oklahoma State Bureau of Investigation (OSBI), local law enforcement, and the District Attorney, object to an expungement, we are prepared to counter these objections effectively in court. The crux of these contests is showing your private interest in expungement outweighs the public interest in the records remaining available.
Our focus is on presenting your case by emphasizing your rehabilitation and positive changes since the record was made. We aim to demonstrate that your need for expungement significantly outweighs any purported public interest in retaining the records.
Tips for Protecting Your Expunged Record
After your record is expunged, it’s imperative to maintain its status. To protect your expunged record, we recommend updating personal records and adhering to any court-imposed conditions.
Post-expungement community involvement opportunities, such as youth volunteer positions, mentoring, and school event chaperoning, become accessible, allowing you to build a positive image in society.
How Cannon & Associates Can Help You
Expungement is a legal process that can provide individuals with a fresh start, enhancing opportunities for employment, housing, and professional licenses. Cannon & Associates is dedicated to assisting you through the expungement process in Oklahoma. We understand the nuances of the process and provide guidance, manage legal documentation, and represent you in court. Our priority is to ensure that your journey to a fresh start is as smooth as possible. With access to resources like the Oklahoma Supreme Court Network, we are well-equipped to handle your case.To start your expungement process, call us at 405-657-2323 for a free case strategy session and to see if you are eligible for expungement now or in the future.
Frequently Asked Questions
What is expungement in Oklahoma?
Expungement in Oklahoma is a legal process that clears or seals a person’s criminal record from public access, allowing them to deny the existence of the offense.
Who can see expunged records in Oklahoma?
Only judges and law enforcement can see an expunged record in Oklahoma, while employers, landlords, banks, and the public cannot access it without your permission.
What is the new law for expungement in Oklahoma?
The new law in Oklahoma now allows for the expungement of all misdemeanors and certain non-conviction felony criminal records, making the expungement process more accessible for individuals with a criminal past.
How long does a felony stay on your record in Oklahoma?
Felonies in Oklahoma typically stay on your record indefinitely, but you can pursue expungement with the help of an attorney to potentially remove it from your record. The expungement eligibility varies based on the type of felony.
What is a partial expungement in Oklahoma?
In Oklahoma, a partial expungement removes your case from the Oklahoma State Courts Network after successfully completing all requirements, usually after pleading to a delayed sentence.
