EXPUNGEMENT
Tulsa Oklahoma Expungement Lawyer
If you have ever been arrested, or charged with a crime, or even if you have successfully completed a deferred sentence for a felony or a misdemeanor in Oklahoma, your entire criminal record may NOT be expunged. Contact an experienced Tulsa Oklahoma Expungement Lawyer to find out how your entire criminal record can be expunged. Expungement under Oklahoma criminal law is the process of removing an arrest and/or conviction from your permanent record. Expungement is sometimes called sealing your record, or some states refer to the process as expunction.
If you were arrested in Oklahoma and charged with a crime, you have “a record” in three different places: 1) You have a record with the arresting agency (county sheriff’s office or local police department) who arrested you; 2) You have a record in the municipal (city) or state district (county) court where you were charged; and 3) You have a record with the Oklahoma State Bureau of Investigation (O.S.B.I.). If you successfully completed a deferred sentence, it is highly likely that the judge presiding over your case told you that your record was now expunged. In all probability, your attorney also told you the same thing, but that is only partially correct. Many attorneys either do not explain the different types of expungements to their clients or they do not understand the differences. After the successful completion of a deferred sentence, your COURT record is expunged, but your arrest record and O.S.B.I. record are NOT expunged and those records can be seen by employers or ANYONE who spends $15.00 to conduct a background check on you.
The Expungement Process in Oklahoma Criminal Courts
The Oklahoma expungement process involves multiple legal steps:
- Filing a verified petition for expungement in the appropriate district court;
- Serving notice on all relevant agencies, including law enforcement, district attorney’s offices, and any other relevant parties;
- Attending a court hearing if objections are filed;
- Obtaining a signed order directing agencies to expunge records;
- Filing and delivering certified copies of the order to all parties.
In order to expunge your entire criminal record you need to retain a Tulsa Oklahoma Expungement Attorney to file a Petition for Expungement so that potential employers, banks, lenders, and insurance companies can no longer see that you have an arrest and/or conviction on your record. Furthermore, after a successful expungement you will not have to answer “yes” on any sort of application that asks “have you ever been convicted of a crime?” As a matter of Oklahoma expungement law, you are entitled to say the event never happened once you are granted an expungement.
When Can I Expunge My Oklahoma Criminal Record?
It used to be if you successfully completed a deferred sentence that lasted longer than one year, you could only expunge your court record, not your arrest record, or O.S.B.I. record. However, expungement law in Oklahoma has changed, and you may now be eligible to expunge your entire record.
If you successfully completed a deferred sentence for a felony charge, you no longer have to seek a pardon from the governor. If five years have passed since the expiration of your deferred sentence, you have not been convicted of any other misdemeanor or felony, and no other charges are pending against you, then you may be eligible for an expungement. Violent felony crimes such as aggravated assault and battery or first degree burglary are not eligible for expungement. For a complete list of crimes that are not eligible for expungement, click here.
If you were convicted of not more than two nonviolent felony offenses, and ten years have passed since the completion of the sentences, you have not been convicted of any other misdemeanor or felony, and no other charges are pending against you, then you may be eligible for an expungement.
If you successfully completed a deferred sentence for a misdemeanor charge, one year has passed since the expiration of your deferred sentence, you have not been convicted of any other misdemeanor or felony, and no other charges are pending against you, then you may be eligible for an expungement of your misdemeanor.
If you were convicted of a misdemeanor, five years have passed since the conviction, you have not been convicted of any other misdemeanor or felony, and no other charges are pending against you, then you may be eligible for an expungement.
Benefits of an Expungement in Oklahoma
Having a clean slate in Oklahoma has many benefits. Your name is removed from public records and is longer easily visible on Oklahoma State websites like OSCN.net or ODCR.com. An expungement will allow you to seek better employment opportunities and make it easier to further your education. After an expungement, it will be easier to rent an apartment or home. Your insurance rates will likely decrease because insurers believe that people with criminal records are at greater risk of nonpayment and are more likely to get into auto accidents. The bottom line is a small investment in a Tulsa, Oklahoma expungement attorney will pay huge returns for your future.
FAQs
Can I get an expungement for a dismissed charge in Oklahoma?
Yes. Many dismissed charges qualify for expungement, often after a statutory waiting period. Eligibility depends on whether other disqualifying convictions exist.
What is a criminal record expungement in Oklahoma?
A criminal record is expungement is essentially a lawsuit filed by an Oklahoma expungement lawyer to erase your criminal record from Oklahoma state court databases like OSCN.net and ODCR.com. In addition to those websites, an expungement will seal your record with the district or municipal court, the O.S.B.I., the law enforcement agency that arrested you, and the Department of Corrections.
How long does an expungement take?
Most Oklahoma expungements take approximately 90 days from filing to final order, depending on objections, court schedules, and agency compliance.
Does expungement remove my record from background checks in Oklahoma?
Yes. Once expunged under 22 O.S. § 18, records should no longer appear on standard background checks, with limited statutory exceptions. However, data acquired by private companies, like companies that specifically gather information for background checks, may also have case data archived in a database. Specifically, Checkpeople.com, Arrests.org, and Staterecords.org are three very prominent companies that maintain large databases that may contain case information. It will take additional steps to have a record removed these private databases.
Do I need a lawyer for an Oklahoma expungement?
While not legally required, expungement is a technical process. An experienced Oklahoma expungement attorney significantly improves the likelihood of success and efficiency.
Can you expunge my record from another state?
No. The laws in each state are different and we can only expunge Oklahoma criminal records. For example, if you now live in Oklahoma, but have a misdemeanor conviction for D.U.I. in Missouri, you will need to hire an attorney in Missouri to expunge your criminal record.
Can my federal conviction be expunged?
No. Federal criminal convictions can only be pardoned by the President of the United States.
Do I have to appear in court for the expungement hearing?
Generally, no. Ninety-nine percent of Oklahoma expungements can be completed without you ever appearing in court. The exception is if a party to the expungement, like the O.S.B.I. or the district attorney’s office, lodges an objection. If there is an objection, you may have to appear in court. However, objections to expungements are rare. The Henson Law Firm has handled hundreds of Oklahoma expungements and there have been objections filed in only three cases.
My court record was expunged. Do I still need an expungement?
Yes. You still have “a record” in at least two separate places: 1) the law enforcement agency (county sheriff’s office or local police department) that arrested you; 2) the Oklahoma State Bureau of Investigation (O.S.B.I.). Judges and court personnel frequently tell defendants “your record is now expunged,” but that is only the court record. You need to hire an Oklahoma expungement lawyer to completely expunge your arrest record and O.S.B.I. record.
Contact an Expungement Attorney in Tulsa Oklahoma
Do not let a past mistake or lapse in judgement hamper your ability to get a great job and prevent you from achieving your full potential. It is important that you contact an Expungement Attorney in Tulsa Oklahoma who has experience helping clients get their records expunged. Mr. Henson will fight for your expungement and pursue the best possible outcome so you can break away from the past and get a fresh start on your new future.
Need your Oklahoma criminal record expunged?