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 — expungement of your entire criminal record (Okla. Stat. tit.22 § 18) and 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. (Okla. Stat. tit.22 § 18)
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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