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Tulsa Criminal Defense Law Firm

Here’s What Records Can Be Expunged in Tulsa

Records expunged in Tulsa, Oklahoma, lawyer

If you are shopping around for a records expungement in Tulsa, you want to be well versed in the types of expungements available and the records that can be sealed with those expungement petitions.

A petition for expungement is a formal petition with the court. An expungement can be difficult to obtain and difficult to qualify for. You need the help of an experienced Tulsa expungement attorney if you are thinking about getting your criminal records expunged,

There are, in fact, a number of differing types of expungements, and they pertain to particular records. In addition, they all have different qualifying criteria.

There are three basic types of expungements:

  • of entire criminal records,
  • of restraining orders, and
  • of partial criminal records.

In general, only nonviolent felonies and misdemeanors qualify for any kind of record expungement.

Criminal Records Expungement

A criminal record expungement is a complete sealing of all of the records that pertain to a criminal proceeding. This includes the arrest record, the court files, and all online court records. If you qualify for this kind of expungement, there will no longer be any mention of the crime anywhere in your record. It is as though the crime was never committed. Okla. Stat. tit. 22 §§ 18, 19

If you are seeking a fresh start and can qualify for this type of expungement, if granted, it will allow you to move on with your life.

It used to be that it took 10 years to qualify for this type of expungement. But Oklahoma recently passed new laws shortening the waiting time and allowing more people to qualify sooner. For many convictions, the waiting time was shortened to five years. For some misdemeanors, those with fines under $501 and no jail time, you can petition the court to seal your records as soon as your fine is paid.

For misdemeanor convictions with jail time or fines in excess of $501, you must wait five years. Other misdemeanors subject to a deferred judgment or suspended sentence involve a one-year waiting period. Okla. Stat. tit. 22 § 18

Violent felonies do not qualify for expungement.

A Partial Record Expungement Can Help

A deferred sentence expungement is a much less complete sealing of records but can be helpful. Okla. Stat. tit. 22 § 991c

A deferred sentence allows a defendant to avoid jail time if the defendant complies with all the court’s orders and stays out of further trouble during the time prescribed by the court.

Deferred sentences are particularly useful in cases where the underlying crime is not particularly serious and the court feels that the defendant can make positive steps toward rehabilitation. For example, a judge may order a defendant charged with domestic violence to attend anger management classes, individual counseling, and to stay out of trouble for one year. The defendant must also have paid all fines, court costs, and any restitution the court ordered. At the end of that time, a defendant can obtain a deferred sentence expungement.

This type of expungement allows the defendant’s record to show that he pleaded not guilty and the case was dismissed. However, the original arrest record remains and the court records showing the plea and the dismissal will still be available for public viewing.

This type of expungement can be particularly helpful if your underlying crime does not qualify for a full record expungement, or if you are waiting to qualify for a full record expungement.

Protective Order Expungement Available Under Some Circumstances

A protective order, if issued against you, will remain on your criminal record unless you qualify an expungement. Protective orders do not always qualify for expungement. But there are four situations in which the protective order can be sealed and your record restored.

In the first situation, either a full hearing never occurred or the petition for a restraining order was denied. An ex parte protective order may have been issued, but it was dismissed or denied at or before the hearing occurred.

In the second situation, again there is no full hearing on the petition and so the order for a full restraining order was never granted. This may happen if the victim fails to appear at the hearing.

In the third situation, the restraining orders have been vacated and three years have passed since the order to vacate was entered.

In the fourth situation, one of the parties to the order has passed away. In that case, there is no longer the need for a restraining order. Okla. Stat. tit. 22 § 60.18

In addition to the above qualifying situations, there are some time constraints. Check with an experienced Tulsa expungement attorney.

Free Consultation With A Tulsa Expungement Attorney

It is important that you get expert help in this highly technical area of the law. An experienced Tulsa attorney can help you move on with your life.

Contact the Tulsa Criminal Defense Law Firm by calling (918) 756-9600, or toll-free at (888) 447-7262.

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