In Oklahoma, expungement is a sealing of criminal records from public view. It acts like an erasure. You can truthfully say that your scrape with the law never happened if you are questioned about it.
The state legislature recently passed laws that make it easier for non-violent criminals to seal their records, including those on systems such as OSCN and ODCR Tulsa.
What Expungement Clears OSCN and ODCR Tulsa Records?
Know what kind of expungement you want before you go to the trouble of filing a petition with the court. There are two types of expungement possible in Oklahoma — a criminal records expungement (Okla. Stat. tit. 22 § 18) and an expungement of your name from court records (Okla. Stat. tit. 22 § 991c), also known as a deferred sentence expungement. These expungements are different.
A criminal records expungement under Section 18 seals the arrest record, court records, and online court records. It also erases your criminal history on background checks. It is as if the incident never happened. In fact, you can legally answer that the incident never happened if you are asked.
Private online court document retrieval companies like On Demand Court Records (ODCR Tulsa) and state-run court document retrieval companies like Oklahoma State Courts Network (OSCN) are included in this type of expungement. Court records can be expunged from both sites.
This differs quite a bit from the deferred sentence expungement known as a 991c. (Okla. Stat. tit. 22 § 991c) This type of expungement allows a person who has received a deferred sentence to expunge their plea and have the status of the disposition of their case show that it has been dismissed.
With a Section 991c expungement, the record shows that you pled “not guilty” and that the case was dismissed. However, it will not expunge or remove the arrest record and will not remove your criminal or court records from online retrieval companies such as ODCR Tulsa and OSCN. This type of expungement can be used if you are waiting for a full criminal records expungement under Section 18 or if you do not qualify for a Section 18 expungement.
Eligibility Requirements are Different
It is important to understand the differences in eligibility requirements between these two types of expungements. A deferred sentence expungement is much easier to qualify for. 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 your fines, court costs, and restitution if the court ordered it. Finally, you must have served the entire term of your deferred sentence.
A criminal records expungement in Tulsa is more difficult to obtain. Only certain convictions qualify. The waiting periods differ depending on the type of conviction you want to seal.
For some misdemeanors, you may be able to petition the court to seal your records as soon as your fine is paid.
Recent laws have shortened the waiting period for other convictions from 10 years to five years. (Okla. Stat. tit. 22 § 18)
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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