If you are thinking about pursuing an expungement of your criminal court records in Tulsa OK, you might want to know what records can be expunged.
Different expungements are used for different records in Oklahoma, and each type of expungement has its own qualifying criteria.
In general, the following type of court records in Tulsa OK can be expunged: arrest records, Oklahoma state-issued emergency protective orders, misdemeanors, and non-violent felonies.
It is important that you hire an experienced Tulsa expungement attorney to answer your questions and to handle your petition. A petition for expungement is a formal document filed with the court. Particular notice requirements must be met for the hearing to take place and the order granted.
Expungement of Criminal Court Records in Tulsa OK
This is the most complete type of expungement you can obtain under Oklahoma law. A criminal records or a Section 18 expungement 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, the law allows you to legally answer that the incident never happened if you are asked. (Okla. Stat. tit. 22 § 19)
A Section 18 is also the most difficult kind of expungement to obtain. Only certain convictions qualify. Also, 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. This is the case for a misdemeanor with no jail time and a fine under $501.
If you have completed a deferred judgment or suspended sentence on a misdemeanor charge, you can file for expungement one year after completion.
You must wait five years after completing a sentence in a Tulsa misdemeanor conviction that resulted in jail time or a fine in excess of $500.
Recent laws have shortened the waiting period for other convictions from 10 years to five years. However, you cannot obtain any expungement of criminal records for a violent felony under any circumstances. (Okla. Stat. tit.22 § 18)
Deferred Sentence Expungement
A 991c is also known as a deferred sentence expungement. (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 to show that it has been dismissed.
A deferred sentence expungement is much easier to qualify for and a much quicker option than a Section 18 expungement. In order to obtain this kind of expungement in Tulsa, all you need do is complete 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 any restitution the court ordered. Finally, you must have served the entire term of your deferred sentence.
With a Section 991c expungement, the record shows that you pled “not guilty” and that the case was dismissed. It will not expunge or remove the arrest record, nor will it remove your court records in Tulsa OK. All records related to your arrest and conviction will still be available.
A 991c is often used as a stopgap measure while waiting for the eligibility time to accumulate for a full criminal records expungement under Section 18. It may also be used if you do not qualify for a Section 18 expungement.
Protective Order Expungement
Protective orders are often necessary to calm things down in a troubled relationship. But the long-term effects of a protective order or a restraining order on your record can be just as devastating as having a criminal conviction. When it appears on your record, it can be difficult to obtain employment and housing. Landlords and employers don’t like to see it.
There are four situations in which you can expunge an Oklahoma state-issued protective order:
1. An ex parte order for protection was issued, but it was terminated due to a dismissal of the petition on the protective order before a full hearing, or the petition was denied after a full hearing, or the person asking for the order failed to appear at the hearing, and at least 90 days have passed since the date set for the full hearing;
2. The person seeking the protective order (the plaintiff) filed an application for a protective order, but failed to appear at the full hearing, and at least 90 days have passed since the date set for the full hearing, including all continuances and postponements;
3. The order has been vacated at either your request or the plaintiff’s request, and three years have passed since the order to vacate was entered; or
4. Either you or the plaintiff is deceased. (Okla. Stat. tit. 22 § 60.18)
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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