There are many different kinds of Okmulgee County court records: civil, criminal, probate, and juvenile. In Oklahoma, expungement pertains to criminal court records of varying types. Different expungements are used for different records, and each type of expungement has its own qualifying criteria.
In general, the following types of records can be expunged in Oklahoma: arrest records, court records including identifying information on your court records, and records pertaining to protective orders, misdemeanors, and non-violent felonies. These records can be sealed across agencies that provide background check information.
Why Expunge Okmulgee County Court Records?
A complete expungement seals arrest records, court records, and online court records. It also erases your criminal history on background checks. This includes online records sites such as On Demand Court Records (ODCR) and Oklahoma State Courts Network (OSCN). It also includes records from the Oklahoma State Bureau of Investigation (OSBI), the Department of Corrections, and other sources. (Okla. Stat. tit.22 § 18)
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)
This kind of expungement in Oklahoma may be difficult to obtain. You must qualify. You may qualify if you fall into one of the following categories:
- you were acquitted; or
- your conviction was overturned by a higher court and the case was dismissed; or
- DNA evidence later proves your innocence; or
- you received a full pardon based on a finding of innocence; or
- you were arrested but not charged, and the time has expired for charges to be filed against you; or
- you were under 18 years of age at the time the offense was committed and you have received a full pardon. (Okla. Stat. tit.22 § 18)
Misdemeanors and Some Felonies Also Qualify
Misdemeanors qualify, but waiting times vary depending on the sentence imposed. Expungement may be immediate if your misdemeanor involved no jail time and the fine imposed was less than $501.
You can qualify one year after completing a deferred judgment or suspended sentence on a misdemeanor charge.
However, you must wait at least five years if your misdemeanor conviction resulted in jail time or a fine in excess of $500. (Okla. Stat. tit.22 § 18)
Violent felony convictions do not qualify for expungement of Okmulgee County court records and other types of records. But a non-violent felony conviction will.
However, you may have to wait at least five years and you may have to get a Governor’s pardon before filing a Petition for Expungement. Recent laws have shortened the waiting period from 10 years to five years for most non-violent felony convictions. (Okla. Stat. tit.22 § 18)
Free Consultation: Okmulgee County 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.