In Tulsa, Oklahoma, a criminal record expungement is a complicated court petition. But once granted, it seals the entire criminal record for that crime.
This kind of record expungement is more difficult to qualify for and more difficult to obtain, but it makes a fresh start possible. Okla. Stat. tit. 22 § 18
There is one other type of record expungement, but it is less complete. Called a deferred sentence expungement, it removes some of the record, but not all of it. Once a person completes all the requirements for a deferred sentence, the court record will show a “not guilty” plea and that the case was dismissed. The arrest record remains complete. Okla. Stat. tit. 22 § 991c
Qualifying For a Record Expungement
New laws regarding expungements in Oklahoma make the process easier and more accessible to those who need it. You qualify, if:
- you were acquitted; or
- the conviction was reversed and the case dismissed; or
- DNA evidence proves your innocence; or
- you have a full pardon from the Oklahoma governor based on a finding of innocence; or
- you were arrested but never 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 have received a full pardon.
There are other crimes that also qualify. The crimes must be nonviolent, and the qualifying waiting times vary. Check with an experienced Tulsa expungement attorney to see if your underlying conviction qualifies and what your waiting time from conviction or release may be.
For some misdemeanors there is no waiting time. For other crimes, the waiting time may be five years. Before this new legislation was enacted, the waiting time was 10 years.
The Record Expungement Paperwork is Complicated and Must Be Prepared Precisely
If you qualify, your attorney can begin to prepare your paperwork. The paperwork includes a petition and a filing fee. The petition needs to include the kind of expungement being sought, the information regarding the underlying crime — including the case number, the type of crime it is, the disposition of that case, that all requirements have been met, and that there are no pending charges against you.
In addition, it should include all of the names, titles and addresses for all interested parties such as the District Attorney’s office in the county for which the petition is being filed, the legal representative of the arresting law enforcement agency, and the OSBI (Oklahoma State Bureau of Investigation) representative.
In addition, you will need to prepare an order setting the hearing date, and an order on the petition itself. The petition and any attached documents and the Notice of Hearing must be served upon all of these interested parties. The parties are to be given sufficient notice of the hearing to prepare and file any objection they may have to your petition.
It is helpful to obtain the OSBI criminal report concerning the underlying case you are seeking to have expunged. At the hearing, evidence is presented. The OSBI will likely object to the petition if their representative feels there is a strong public interest in keeping your criminal history available in the record.
In making its decision, the court weighs the public’s interest to available records against the adverse consequences to you of keeping those records available. If it finds that the harm to you and your privacy outweighs the public’s interest, then the petition will be granted and your records will be sealed.
Sealing records allows you to legally fail to disclose the prior conviction if you are asked about it. Okla. Stat. tit. 22 § 19
This can give you peace of mind and allow you to move on with your life.
If there are mistakes in your petition, it may be dismissed. Get it right the first time with the help of a Tulsa expungement expert.
Free Consultation: 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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