What is an Oklahoma Expungement?
Expungement (also called "expunction") is a court-ordered process in which the legal record of an arrest and/or a criminal conviction is "sealed," or erased in the eyes of the law. When a conviction is expunged, the process may also be referred to as "setting aside a criminal conviction." The availability of expungement, and the procedure for getting an arrest or conviction expunged, will vary according to the state and court in which the arrest or conviction occurred. Juvenile cases, misdemeanors, and some felony offenses are eligible for expungements in certain circumstances.
Benefit of an Expungement
Pursuant to Oklahoma law, when an expungement is received from the court, the underlying arrest or conviction expunged, "shall be deemed never to have occurred, and the person in interest and all criminal justice agencies may properly reply, upon any inquiry in the matter, that no such action ever occurred and that no such record exists with respect to such person." This means that the expunged arrest and conviction will not appear on background checks and that you can legally answer on employment applications, et cetera, as if they never occurred.
Do I qualify for an Oklahoma Expungement?
Many Oklahomans are eligible to expunge their criminal convictions or arrests, without knowing it. There are two (2) main type of expungments under Oklahoma statutes:
Deferred Sentence Expungement. A deferred sentence expungement follows the successful completion of probation under a deferred sentencing agreement and results in the criminal case being sealed and no conviction resulting from the prosecution. If you received a deferred sentence and your criminal case is still showing online or on background checks, call the criminal defense lawyers at Jury Pro at (888) Jury-Pro or (888) 587-9776 to speak to an attorney about whether your specific circumstances qualify for an expungement.
Complete Expungement. A complete expungement expunges the court case, any conviction, and the arrest and results in a clean slate. Complete expungements are available to misdemeanor offenses and many felony convictions as well, if one of the statutory criteria is met. A few of these criteria include: cases where the charge was dismissed within a year of filing, cases where the defendant was found not guilty (acquitted) at trial, and cases where ten (10) years have passed since the conviction without any further charges. There are also additional circumstances that allow expungement, so if you have a criminal conviction call the criminal defense attorneys at Jury Pro at (888) Jury-Pro or (888) 587-9776 to speak to a lawyer about whether your specific circumstances qualify for an expungement.
To expunge a felony conviction in Oklahoma, one must also obtain a governor's pardon through the Oklahoma Pardon and Parole Board. The criminal defense attorneys at Jury Pro represent clients in applying for pardons. See Jury Pro's Pardons page for additional information.