Getting a good job and housing are important stepping stones after release from prison or jail. However, having a conviction on your record can make both of those goals more difficult to achieve. That is why the Oklahoma legislature enacted new laws regarding records expungement, which became effective in 2016.
These new laws shorten the waiting time after a conviction to allow those court records to be sealed and enable expungement or the sealing of records in other cases. Okla. Stat. tit. 22 § 18
What Expungement is and What it Does
Expungement means “erasure.” The expungement of a record seals that record from public view. The record exists, but no one is able to see it any longer. When expunged, it is as though you are wiping a slate clean and starting over.
There are different levels and types of expungements. A criminal records expungement under Section 18 seals the entire criminal record for a particular crime. It includes the arrest record, criminal court records, and all online sources. The crime no longer appears on any background checks.
A deferred sentence expungement is less complete. When granted, it changes the court record to state that a defendant pled “not guilty,” and that the case was dismissed. It does not alter or seal any other source. The arrest record remains. Okla. Stat. tit. 22 § 991c
How Do You Qualify For a Complete Records Expungement?
A complete records expungement can be difficult to qualify for. It is only available in certain cases, and never for a violent felony.
Before the legislature enacted new laws, a convicted felon might have to wait as long as 10 years in order to seal his or her criminal records. Now, depending on the circumstances, some records can be sealed immediately — some in a year, and some in five.
In all of the following situations, you may file for expungement immediately:
- if you were acquitted; or
- if the conviction was reversed by a higher court and then the case was dismissed; or
- if DNA evidence proves your innocence after your conviction; or
- if you have obtained a full governor’s pardon based on a finding of innocence; or
- if you were arrested but never charged, and the time to be file those charges has passed; or
- if you were under 18 years of age at the time the offense was committed, and you have received a full pardon.
In all of these cases, you should contact an experienced Tulsa records expungement attorney to being the petitioning process.
Other Expungement Situations
Even if you do not meet the above criteria, you may still seek an expungement.
For example, immediate expungement is also available if your conviction was for a misdemeanor, the fine was less than $501, and you served no jail time. For a misdemeanor where you served jail time or the fine was in excess of $500, then you must wait five years. In all cases, the waiting time starts after you have completed the sentence.
In the case of a deferred judgment or suspended sentence on a misdemeanor charge, you qualify for expungement in one year after completion of all court orders.
For most non-violent felonies, you can qualify for expungement after five years.
A new law that went into effect in November 2018 makes one change to the records expungement law: You are no longer required to have a governor’s pardon to expunge a single felony conviction. A governor’s pardon will still be required to expunge two felony convictions.
If You Qualify, A Petition Will Be Speedy
Although preparing a petition to expunge is technically complex, once the petition is filed, a hearing occurs in about 30 days. Evidence is taken and considered by the court at the hearing. If granted, the records expungement itself is almost immediate. Your attorney will have already prepared and filed a proposed order on expungement. And you can move on with your life.
Free Consultation: Tulsa Expungement
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. If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.