Oklahoma » Oklahoma Expungement
If you get your Oklahoma criminal record expunged, it means that it is erased from your record. There are two main types of expungement in Oklahoma. One type is developed for those who have been arrested and pled guilty, but received a deferred sentence when convicted. In that situation, you are on probation until the sentence. If you successfully completes probation, you can withdraw the plea and will expunge the plea from the record. The second type of expungement is total expungement, where all traces of the record (not just the plea) are removed. Unfortunately, there are very few circumstances that will qualify. If you do not qualify for an expungement, you can always apply for executive clemency (pardon from the government).
Oklahoma Expungement Benefits
- Tell employers that you have not been convicted of a crime
- Become eligible for student loans
- Become eligible for housing assistance
- Become eligible for more types of professional licenses and certificates
- Tell friends and family that you have not been convicted of a crime
- Stop fearing or being embarrassed when someone does a background check on you.
Oklahoma Expungement Requirements
You must meet all of the following requirements to qualify for an Oklahoma expungement:
- Received deferred adjudication
- Found innocent at trial
- Charges dismissed
- Statute of limitations expired and no charges were filed
- Misdemeanors – No prior misdemeanor or felony convictions
- Non-Violent Felony Conviction
- Conviction reversed on appeal
- Cases of mistaken identity (someone who commited a crime used your name)
Oklahoma Expungement Law
Persons authorized to file a motion for expungement, as provided herein, must be within one of the following categories:
1. The person has been acquitted;
2. The conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction, or an appellate court of competent jurisdiction reversed the conviction and the district attorney subsequently dismissed the charge;
3. The factual innocence of the person was established by the use of deoxyribonucleic acid (DNA) evidence subsequent to conviction;
4. The person has received a full pardon on the basis of a written finding by the Governor of actual innocence for the crime for which the claimant was sentenced;
5. The person was arrested and no charges of any type, including charges for an offense different than that for which the person was originally arrested are filed or charges are dismissed within one (1) year of the arrest, or all charges are dismissed on the merits;
6. The statute of limitations on the offense had expired and no charges were filed;
7. The person was under eighteen (18) years of age at the time the offense was committed and the person has received a full pardon for the offense;
8. The offense was a misdemeanor, the person has not been convicted of any other misdemeanor or felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the judgment was entered;
9. The offense was a nonviolent felony, as defined in Section 571 of Title 57 of the Oklahoma Statutes, the person has received a full pardon for the offense, the person has not been convicted of any other misdemeanor or felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the conviction; or
10. The person has been charged or arrested or is the subject of an arrest warrant for a crime that was committed by another person who has appropriated or used the person’s name or other identification without the person’s consent or authorization.
For purposes of this act, “expungement” shall mean the sealing of criminal records. Records expunged pursuant to paragraph 10 of this section shall be sealed to the public but not to law enforcement agencies for law enforcement purposes.
Whats on your record?
The first step to removing your criminal record is to find out what, if anything, is showing up on your criminal background. If you are unsure of what exactly is holding you back from jobs or any of lives other opportunities we highly recommend visiting our partner, BackgroundChecks.com, where you can get a full national criminal history background check for a super low price.
