The legislature recently amended expungement Oklahoma laws, enabling people to seal certain types of criminal convictions sooner.
However, not every conviction will qualify for an expungement in Okmulgee, Oklahoma. It is important to understand what convictions qualify and what convictions do not.
Situations and Convictions That Qualify
A full expungement or sealing of your entire criminal record after a conviction can help you move on and obtain a better job and better housing, both of which are fundamental to your success after a conviction.
Getting an expungement Oklahoma is a complicated process, and available in the following circumstances:
- after acquittal; or
- after 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)
Other Convictions That Qualify for Expungement Oklahoma
Misdemeanors qualify for expungement, but with different requirements depending on the misdemeanor involved. Expungement may be immediate in the case of a misdemeanor that involved no jail time and where the fine was less than $501, or one year after completing a deferred judgment or suspended sentence on a misdemeanor charge. (Okla. Stat. tit.22 § 18)
Your conviction of a non-violent felony in Okmulgee with a deferred judgment or delayed sentence will qualify after five years after the completion of the sentence.
Your conviction of a non-violent felony with a sentence other than a deferred or suspended sentence will also qualify for an expungement Oklahoma, but your wait will be longer.
A misdemeanor conviction resulting in jail time or a fine in excess of $500 will also qualify five years after the sentence is completed. However, you will not be eligible for expungement if the records you wish to seal are related to a violent felony.
Getting a Deferred Sentence Expungement Oklahoma
These expungements are different. But anyone with a conviction with a deferred sentence may qualify for a partial expungement after completing all court requirements associated with the deferred sentence.
With a Section 991c expungement, the record shows that you pled “not guilty” and that the case was dismissed. However, it will not expunge or remove the arrest record.
Protective Orders May Also Be Expunged
Protective orders, if issued against you, stay on your record and can be as devastating in the long term as any criminal conviction. Luckily, they too can be expunged in certain circumstances. (Okla. Stat. tit.22 § 60.18)
Free Consultation: Okmulgee Criminal 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.