Studies show that individuals who successfully complete the expungement process are more likely to gain stable employment, improve their financial stability, and reintegrate successfully into society.
At Jacqui Ford Law, we pride ourselves on providing experienced and compassionate legal representation. Our dedicated attorneys have a strong track record of helping individuals navigate complex legal processes, including criminal expungement, with the goal of providing second chances and ensuring our clients can move forward with their lives. We understand the challenges that come with having a criminal record, and we are here to help you take the crucial steps toward a fresh start.
What Is Expungement?
Expungement is a legal process that effectively seals your court and arrest records, preventing the public from accessing this information. If you do not qualify for a full expungement, you may still be eligible for a partial expungement, which can seal part of your record or change a deferred sentence to “Pled Not Guilty, Case Dismissed.”
Changes to your records will be reflected across various databases, including OSCN.net, ODCR.com, OSBI (Oklahoma State Bureau of Investigation), law enforcement agencies, court clerks, the Department of Corrections, and the Pardon and Parole Board. This will also affect third-party reporting agencies and background checks.
This process can significantly improve your life, opening doors to better job opportunities, improved housing, access to public assistance, and even lower insurance premiums. It may also restore some of your civil rights, including voting rights and gun rights.
What are the Requirements for Expungement in Oklahoma?
To begin the expungement process, you must be a qualified candidate. Once you confirm that you meet the necessary qualifications for a full or partial expungement, you can petition the district court where your records are held. Some of the requirements must be met, including the passage of a specified amount of time and meeting other eligibility conditions, as outlined in Title 22, Section 18 of the Oklahoma Statutes and other relevant statutes.
What are the Qualifications?
To determine whether you qualify for expungement, review your arrest, charge, and conviction history. Here are some key qualifications:
- You were acquitted of the charges
- You were arrested but not charged, and the required waiting period has passed
- The charges against you were dropped, and the necessary time has elapsed
- Your conviction was overturned, and the charges were dismissed
- You received a Governor’s Pardon
- You were cleared of the crime by DNA evidence
- Someone else committed the crime using your identity
- Additional qualifications may include:
- Successfully completing a suspended sentence or deferred sentence
- Being convicted as a juvenile
- Being convicted of a misdemeanor
- Being convicted of a non-violent felony and meeting certain other requirements under Oklahoma law
What are the Costs for Expungement?
Costs for an expungement can vary depending on which court district you must petition. Generally, the approximate costs consist of:
- OSBI Criminal History Report: $15.00
- OSBI Processing Fee: $150.00
- Approximate Court Costs: $175.00
- Petition Fee: $30.00
You may also want to consider the cost of retaining a criminal or civil rights attorney, especially for more complex cases. Many attorneys in Oklahoma, particularly in Oklahoma City, offer affordable flat rates. Given the potential positive impact of an expungement on your life, this investment is well worth it.
What’s the Court Process Like for Expungements in Oklahoma?
The process can seem overwhelming, but hiring an attorney will guide you through the steps and will make the process much smoother. The steps to be granted an expungement generally constitute the following:
- Gathering the documentation that proves you qualify.
- Write a petition and file it with the court in the district where the incident occurred.
- A hearing will be set within 30 days of the filing of the petition by the Judge’s office.
- The state attorney’s office who filed the charges and all agencies involved must be notified of the hearing in writing.
- At the hearing, the Judge will make a ruling as to whether or not you will be granted an expungement.
The OSBI strongly recommends that you work with an attorney through this process. There are no standard forms available for filing a petition with the court, and the petition must be tailored to your case. All court rules and procedures must be strictly followed, and judges are typically less lenient with individuals who do not have legal representation.
How an Oklahoma Expungement Lawyer Can Help
The petition filed with the court must clearly demonstrate why you should be granted an expungement. It must include several key pieces of information that must be organized and presented to make the strongest case. The petition should address:
- That you are eligible for an expungement
- That you have regret or remorse for the incident
- That you have proven yourself to be a productive, law-abiding citizen
- That the expungement will grant much-needed relief
- And that the benefits of the relief sought outweigh the need for the public to know about the incident
With the right legal representation, your chances of success in securing an expungement are much higher than if you attempt to go through the process alone. A qualified attorney will ensure that the best possible petition is filed, court rules are followed precisely, and your case is presented effectively.
Contact Our Expungement Lawyer at Jacqui Ford Law Today
At Jacqui Ford Law, our legal advocates have years of extensive experience handling expungement cases and are here to help you secure a brighter future. Contact us today to discuss your eligibility for expungement and find out if you are a qualified candidate.
