Even if you have had a record expungement in Oklahoma, you could theoretically be declared a prior offender if you are charged with another crime. Read on to learn more about the different types of expungement in Tulsa.
FAQ: Record Expungement in Oklahoma
There are two types of record expungement in Oklahoma.
The first option is expungement of your entire criminal record. Okla. Stat. tit. 22 § 18
Your second option is expungement of your name from court records. Okla. Stat. tit. 22 § 991c
Each of these expungements yields a different result, so it is helpful to know exactly what kind of expungement you want and what the requirements and results are for each of them.
Section 18 Expungements
A Section 18 expungement seals the arrest record and all court records (including online court records). It also erases your criminal history on background checks.
In effect, a Section 18 expungement makes it as if the incident never happened. In fact, the law allows you to legally answer that the incident never happened if you are asked.
A Section 18 record expungement in Oklahoma requires a complicated application process, but is available to anyone within the following categories:
- you were acquitted; or
- the conviction was reversed by a higher court with instructions to dismiss, and the matter was dismissed; or
- DNA evidence proves that you are innocent after you have already been convicted; or
- you received a full pardon from the governor based on a finding of innocence; or
- you were arrested but not charged, and the time has expired for charges to be filed against you; or
- you were under 18 years of age at the time the offense was committed and you have received a full pardon.
In addition, there are a number of other categories that allow eligibility for a Section 18 expungement in Tulsa. You may qualify for the immediate expungement of a misdemeanor that involved no jail time and where your fine was less than $501, or one year after completing a deferred judgment or suspended sentence on a misdemeanor charge. In these cases, expungement is allowed if you have not been convicted of a felony and there are no current felony or misdemeanor charges pending against you.
Under 2016 amendments to the expungement statutes in Oklahoma, you may become eligible five years after the completion of a deferred judgment or delayed sentence on a non-violent felony charge, or five years after completing a sentence in a misdemeanor conviction that resulted in jail time or a fine in excess of $500.
However, you will not be eligible for a Section 18 expungement if the records you are seeking to seal are related to a violent felony.
Section 991c Expungements
A Section 991c expungement is different. It allows a person who has received a deferred sentence to expunge their plea and have the disposition of their case show it has been dismissed.
With a Section 991c expungement, the record shows that you pleaded “not guilty” and the case was dismissed. However, it will not expunge or remove the arrest record. Thus, a Tulsa prosecutor or any other interested party can see the information.
A 991c expungement is often referred to a deferred sentence expungement. It can be used if you are waiting for a full expungement under Section 18 or you do not qualify for a Section 18 expungement.
In order to qualify for a Section 991c expungement, you must have completed all the terms of your probation, including community service hours, counseling, drug treatment, and the like. You must also have paid all court-ordered fines, costs, and restitution. Finally, you must have served the entire term of your deferred sentence.
With a Section 991c expungement, it is important to understand that your arrest records remain fully intact. While court records are sealed, a background check will show that you were charged, you pleaded not guilty, and the criminal case was dismissed.
Free Consultation: Tulsa Expungement Attorney
The skillful, aggressive, and compassionate lawyers at the Tulsa Criminal Defense Law Firm can provide a free, no-hassle, and confidential consultation about expungement questions in your specific case.
Simply call 918-256-3400 today for a free consultation with a Tulsa expungement attorney.
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