Expungement: Like it Never Happened
It’s rare that life gives you a chance at a do-over, but that’s exactly what an expungement is. Under certain conditions, Oklahoma law allows someone to wipe a conviction from his record. Sometimes, it’s even possible to expunge arrest records as well.
This can be a life-changer for those who have paid their debts to society, yet still find themselves being endlessly punished for their mistakes. If your previous conviction has caused you problems getting a job, winning the trust of colleagues, or passing a background check, it may be time to file a petition for expungement. This is a formal petition with the court to wipe a previous offense from your public record.
A petition for expungement could be the fresh start you need, but they can be difficult to obtain and qualify for. For that reason, it can be a good idea to contact an expungement attorney in Oklahoma for help.
How to Qualify for an Expungement
Sometimes people who run into legal trouble may be given a sort of second chance: in exchange for complying with relatively mild terms like community service, probation, and a promise not to commit any more offense, prosecutors may offer what is called a deferred prosecution agreement. After complying with the terms of the agreement, the defendant’s court records may be sealed and the case dismissed.
This process is not automatic, though. In order to have their record expunged, a person must submit a petition. Two years after serving a deferred sentence, a person may in certain circumstances apply for an expungement. Five years after the conclusion of the most recent misdemeanor conviction, a person who has been convicted of a crime may ask to have their record sealed.
Types of Expungements in Oklahoma
There are different types of expungements that can be obtained in Oklahoma. Each of them applies to a different record and has differing requirements for eligibility.
The three basic types of expungements in Oklahoma are:
Criminal Record Expungement
In a criminal record expungement, all records relating to a criminal case are completely sealed. This pertains to both offline and online court records, as well as the arrest record. Any mention of the offense in your record will be removed if you are granted this type of expungement. It is as if the crime never happened, allowing you to move on with your life. Okla. Stat. tit. 22 §§ 18, 19
Previously, you had to wait ten years to be eligible for this kind of expungement. However, Oklahoma recently passed new legislation that reduces the waiting period and enables more people to become eligible sooner. The waiting period was shortened to five years for many convictions. Those who received a fine of less than $501 and no time in jail or prison can ask for an expungement immediately under the new legislation.
If your fine was over $501 0r you served prison time, the waiting period is five years. There is a one-year waiting period for other misdemeanors that are eligible for a deferred judgment or suspended sentence. Okla. Stat. tit. 22 § 18
Only misdemeanors are eligible for criminal record expungement in Oklahoma. Felonies do not qualify for criminal record expungement.
Partial Record Expungement
If someone receives a partial record expungement, that means his record will show that he pleaded not guilty and the case was dismissed. However, the original arrest record will remain visible and court records showing the plea and the dismissal will still be available for public viewing.
This kind of expungement can be especially helpful if your underlying offense does not qualify for a full record expungement or if you are waiting to qualify for a full record expungement.
Protective Order Expungement
If issued against you, a protective order will generally remain on your record.
However, there are some conditions where you could get it expunged:
- A full hearing for the petition for the restraining order never took place
- The petition was denied
- The restraining order was vacated and three years have passed since that point
- One of the parties to the restraining order is no longer living Okla. Stat. tit. 22 § 60.18
There are also time restraints that can impact restraining order expungements. Consult with an experienced Claremore expungement attorney to get an idea of what those are.
Initial Consultation With a Claremore Expungement Lawyer
If you’ve paid your debt to society but continue to be haunted by your past, you may need the help of an experienced expungement attorney in Oklahoma. Wirth Law Office – Claremore has skilled expungement attorneys in Rogers County ready to help you get that second chance.
For ainitial strategy session with a knowledgeable expungement attorney in Claremore, call (918) 213-0950 today. If you prefer e-mail, send the Claremore attorney your question by using the form at the right side of this page.
