Okmulgee Lawyer BlogDo You Still Have an Arrest Record After Deferred Sentencing Expungement?

Different Needs, Different Expungements 

Let’s face it. Even the most responsible of us can have a run-in with the law. When we come out the other end, it is time to move on with our lives. Expungement can be an effective tool in that regard. Oklahoma has laws making expungement accessible so you can put your past behind you and move on with your life. A deferred sentencing expungement can really help in that regard.

However, there are several different types of expungements available in Oklahoma. A deferred sentence expungement is helpful, but it doesn’t seal everything. Here are some things that you may want to know.

Section 991c Deferred Sentencing Expungement: Uses and Limitations

A deferred sentencing expungement is somewhat limited in what it erases. It erases your name from court records, but your arrest record remains. Okla. Stat. tit. 22 § 991c.

A Section 991c expungement allows a deferred sentence recipient to have the disposition of their case show that it has been dismissed. With a Section 991c expungement, the record shows that you pled “not guilty,” and that the case was dismissed. It will not expunge or remove the arrest record.

Here is how it works. Let’s say you get arrested for possession of a small amount of marijuana. The court imposes a deferred sentence: you agree to attend substance abuse classes for six months and you agree to probation for a year without any further scrapes with the law. In essence, the sentence is deferred. You pay for and complete the classes and finish your probationary period without incident. The court then dismisses the case, and your name is removed from the court records. It does not remove or affect your arrest record in any way.

With a deferred sentencing expungement it is important you realize that your arrest records remain fully intact. A background check will show the charge, that you plead not guilty and that the case was dismissed, but it does not erase all of your records.

It’s easy to qualify for a deferred sentencing expungement. You must have completed all the terms of your probation. If the court has mandated classes for you to attend, or community service hours for you to complete, those must be completed. You must have paid all the fines and costs associated with your conviction. This can include fines, court costs and restitution. You must have served the entire term of your deferred sentence. That is it.

This type of expungement can be used if you are waiting for a full expungement under Section 18, which has longer waiting times for eligibility. It can be useful for those whose conviction makes them ineligible for a full criminal records expungement under Section 18 of the code.

The rules and procedures for expungements are highly technical and complicated. Bring your questions and concerns to your experienced Okmulgee criminal and expungement attorney. Your attorney can help you understand your situation and can help you put your past behind you.

Free Consultaion With an Okmulgee Criminal And Expungement Attorney

Let us help you with your criminal and expungement needs and concerns. Call our Okmulgee office at (918) 756-9600 or toll-free (888) Wirth-LAW for a free consultation at the Wirth Law Office – Okmulgee. Or, enter your legal question or concern in the firm at the top right of this page, and one of our attorneys will promptly return your message.

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