Okmulgee Lawyer BlogWill Expungement of My Okmulgee Court Records Also Expunge My Arrest Record?

Okmulgee court recordsWe use the term “expungement” loosely regarding Okmulgee court records, perhaps more loosely than we should. Oklahoma expungements all seal some kinds of criminal records. However, expungements, like zip-lock baggies, come in different sizes and shapes for differing needs and purposes.

Some expungements seal every record in connection with a criminal conviction. Others seal some records and not others. It is important to know and understand what records your expungement seals and what records will remain available for public viewing.

Criminal Records Expungements: Great, But Harder to Get

You can get an expungement that erases most everything in your criminal records, including your arrest record. This type of expungement is given by the court in which your original criminal conviction took place, and it is the most complete type of expungement you can obtain under Oklahoma law. It seals the arrest record, Okmulgee court records, and online court records. It also erases your criminal history on third-party websites and with the Oklahoma State Bureau of Investigation (OSBI), the Department of Corrections, and other sources. (Okla. Stat. tit.22 § 18)

This type of expungement can be difficult to obtain. However, the Oklahoma legislature recently amended laws, shortening waiting times post conviction, to make it easier to obtain this type of expungement.

Once the expungement petition is granted and the records are sealed, they are no longer available to the public in any form unless they are later unsealed. It is as if the incident never happened. In fact, the law allows you to legally answer that the incident never happened if you are asked. (Okla. Stat. tit.22 § 19)

You must qualify for this type of expungement, and not every type of conviction or other situation qualifies. In general, misdemeanors and non-violent felonies qualify with varying waiting times. Violent felonies will not qualify.

You may also qualify for expungement of Okmulgee court records and other related records if:

  • you were acquitted,
  • your case was overturned and then dismissed,
  • DNA evidence later exonerated you,
  • you received a full pardon based on your innocence,
  • you were arrested but never charged, and the time for filing those charges has expired, or
  • you were under 18 years old at the time of the conviction and you have received a full pardon. (Okla. Stat. tit.22 § 18)

Deferred Sentence Expungements: Have Limitations, But Easier to Get

A deferred sentence expungement in Oklahoma is much easier to qualify for, but has some real limitations regarding the records that it seals. It does not seal an arrest record — that record continues to be available for public viewing.

Once you have complied with your deferred sentence, completed all probation requirements, and paid all fees, your court disposition will read, “pled not guilty, case dismissed.”

Free Consultation: Okmulgee Court Records Expungement

If you or a loved one needs to speak with an Okmulgee criminal defense attorney about expunging court records in Oklahoma, call 918-756-9600 now for a free consultation.

Or, enter your legal question or concern in the form at the top right of this page, and one of our attorneys will promptly return your message.

 

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