Not all expungements are created equal. And since needs are different, expungements are different as well. Some expungements seal or erase your entire criminal record. Some do not. A deferred sentence expungement does not.
Here is what you need to know about deferred sentence expungements in Oklahoma, what they do, and how they differ.
Basic Expungement in Oklahoma
To expunge something means to erase it. It is the same as sealing your records from public view. There are two basic types of expungement in Oklahoma, and they work differently.
One type of expungement seals your entire criminal record for that particular crime, including your arrest record. This is known as a criminal record expungement, or a Section 18, expungement. Okla. Stat. tit. 22 § 18
The other type of expungement is called a deferred sentence expungement, and while it expunges some things in the record, it is not a complete expungement of the record. Okla. Stat. tit.22 § 991c
Section 18 Expungements: The Complete Deal
This type of expungement is a complete sealing of all records pertaining to that crime and your involvement in it. It seals the arrest and court records, and prevents the crime from appearing on a background check and from appearing on all online records.
Once the record is expunged, it is as if the crime never existed on your record. This can be extremely valuable when applying for housing or a job. If asked whether you have been convicted of a crime, you may legally answer “no” once this type of expungement has been granted.
How to Get a Section 18 Expungement
This type of expungement is granted after making a formal petition to the court in the county where your criminal records are on file. It is a complicated procedure and may be granted under any of the following circumstances:
- The defendant was acquitted at trial;
- The conviction was reversed with instructions to dismiss the charges. This is done at the appellate court level. And the matter must have been dismissed;
- The defendant was later proven innocent either through DNA or other evidence;
- The defendant later received a full governor’s pardon based on a finding of innocence;
- The defendant was arrested but not charged, and the statute of limitations for the crime has passed; or
- The defendant was a minor when the crime was committed and has since received a full pardon.
There are other situations that will qualify for an expungement. The crime charged must be either a misdemeanor or a nonviolent felony. In general, there must be no other charges pending and the defendant must have completed all aspects of the court’s delayed sentence.
In addition, the defendant must have waited the requite time: one year for a misdemeanor and five years for a felony. These conditions get quite technical depending on the situation, including the number and type of prior convictions and the fines imposed, if the crime at issue is a misdemeanor. Okla. Stat. tit. 22 § 18
An experienced Tulsa expungement attorney can help you determine if you qualify for a complete criminal record expungement.
Section 991c Expungements: Deferred Sentence Expungement
Not everyone qualifies for a complete record expungement. Those who do not may opt for a deferred sentence expungement under Section 991c. This type of expungement is allowed after the completion of all the court’s orders in a deferred sentence.
Once all orders — including the duration of the deferred sentence, all fines, restitution, probation fees, and all other court orders — have been complied with, a defendant may apply for this type of expungement.
With a Section 991c expungement, the record shows that the defendant pleaded “not guilty” and the case was dismissed. It does not seal or remove the arrest record. These records remain open to public viewing and will appear on a background check.
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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