If you’ve been arrested or convicted of a crime, you have the right to petition the court for an expungement of your arrest or conviction.
Typically, when an expungement is approved, this means that your arrest or conviction is sealed, or hidden from your criminal record. It doesn’t erase it altogether, however. Certain government agencies and law enforcement officials will still be able to see the arrest or conviction on your record, but it won’t show up on employment background checks.
What types of expungements are available in Oklahoma?
There are two types of expungements in Oklahoma, a Section 18 and a Section 99:
- A Section 18 expungement will allow you to expunge your entire arrest record.
- A Section 99 expungement allows a person who received a deferred sentence to expunge their plea, and have the disposition of their case updated to show the case has been dismissed. The disposition will change to “pled not guilty, case dismissed,” but it will not remove the arrest from your record.
Who qualifies for expungement in Oklahoma?
In Oklahoma, you can apply to have your record expunged if you meet the following criteria:
- You were acquitted of the charges against you.
- Your conviction was reversed by an appellate court, and the prosecuting attorney subsequently dismissed the charges against you.
- You were arrested, but no charges were ever filed against you and the statute of limitations for prosecution has passed.
- You were under 18 at the time of your conviction and have since received a full pardon.
- Your charges were dismissed, you don’t have any other convictions on your record, and you don’t have any pending charges against you.
- You were charged with a misdemeanor, and the charge was dismissed following the successful completion of a deferred judgment or delayed sentence. You can’t have any other convictions, and you can’t have any pending charges. At least one year must pass after the charge is dismissed for you to qualify.
- If you were charged or arrested or were the subject of an arrest warrant for a crime that was committed by another person, and that person used your name or identification without your consent.
- There are several other criteria that qualify you for an expungement. Click here to see the full list.
Do you need a lawyer to apply for an expungement?
The Oklahoma State Bureau of Investigation strongly suggests that you hire an experienced attorney to handle your expungement. There is a lot of paperwork involved, and one tiny technical problem with your form can stop you from getting the expungement.
Even if you meet the criteria for expungement under Oklahoma law, the state can still object to your application for expungement.
On the Petition for Expungement that you send to the State Bureau of Investigation, the following information must be included:
- Name
- Social security number
- Date of birth
- Crimes you were charged with
- Date of your arrest
- The end result of the charges and/or arrest.
Jacqui Ford Law has successfully expunged records on behalf of her clients. Contact Ford’s office today if you or someone you love need help with getting an expungement for your arrest or conviction.
