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Tulsa Criminal Defense Law Firm

Must I Still Register as a Sex Offender in Oklahoma if I Get a Pardon?

register as a sex offender in OklahomaIf you were convicted of a sex crime, you must register as a sex offender in Oklahoma, even if the crime has been pardoned.

A pardon does not alter your responsibility to register as a sex offender in Tulsa (Okla. Stat. tit.57 § 584) You must register and provide all information required by law. Failure to register as a sex offender in Oklahoma is an additional felony charge with additional jail time.

What is a Pardon in Tulsa?

It is important to understand what a pardon is and what it does. The governor issues a pardon. It acts as an official statement of forgiveness for the crime pardoned, and welcomes the convicted felon back into society as a full citizen.

However, a pardon in Oklahoma is not a commuted sentence or parole. It is also not a statement of innocence. It does not erase or seal your criminal records. If you have been pardoned, your court records still show the conviction — but they also show the pardon.

Receiving a pardon in Tulsa is a strong statement of forgiveness and rehabilitation, which can go a long way to mitigating a conviction in the eyes of potential employers and landlords. It can restore your right to vote, and also help you obtain or keep certain professional licenses.

Requirements to Register as a Sex Offender in Oklahoma

Regarding requirements to register as a sex offender in Oklahoma, there are three levels of risk determined solely by the offense of which you were convicted:

  • Level 1: you must register as a sex offender every year for 15 years.
  • Level 2: you must register every six months for 25 years.
  • Level 3: you must register every 90 days for the rest of your life.

There are many rules and restrictions associated with sex offender registration, including where you can live or work.

Sex Offender Registry Removal is Possible For Some

There are three categories of offenses for which removal from the registry may be possible. The categories and requirements are specific, and you are best served by consulting with a Tulsa criminal pardon attorney.

You must fall into one of the following categories to be eligible for removal from the sex offender registry in Oklahoma:

1. You are a Level 1 offender, and have stayed out of trouble for 10 years.

2. You fit under the Starkey Rule (Starkey v. Oklahoma Dept of Corrections 2013 OK 43 305 P.3d 1004). Basically, the Oklahoma Supreme Court decided that it is unconstitutional to retroactively apply sex offender levels and registration requirements. Contact an attorney to see if this applies to your case.

3. Your offense was a consensual statutory rape offense under Okla. Stat. tit. 21 § 1111.1 or 1114. This is sometimes called the Romeo and Juliet rule. The law was designed for cases where consensual sex is not possible because of the age of one of the parties involved — one is a little too old, and the other is a little too young. For instance, a 19-year-old boy has consensual sexual intercourse with his girlfriend. However, she may be a little too young to legally consent. The rules are somewhat complicated, but you must not have been more than four years older than the victim. Also, the victim must have been between 14 and 17 at the time (Okla. Stat. tit. 57 § 590.2).

Free Consultation: Tulsa Criminal Pardon Attorney

The skillful, aggressive, and compassionate lawyers at the Tulsa Criminal Defense Law Firm can provide a free, no-hassle, and confidential consultation about pardons and expungements in Oklahoma.

Simply call 918-256-3400 today for a free consultation with a Tulsa criminal pardon attorney.

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