expunge your record in Oklahoma

Expunge Your Criminal Record in Oklahoma

Expunge, or Expungement, is the term used when a person seals or clears their criminal arrest record. The difference between seal and expunge depends on whether the charges were dismissed or deferred.

Our firm will handle filing the petition in the district where the arrest was made, serving the appropriate parties, and will help protect your future. It is important to note only individuals who have received deferred sentences will be eligible for expungements. In other words, if you were convicted, there may not be anything they can do for you. If you’re not sure of the disposition in your case, give us a call. We should be able to quickly determine whether you are able to move forward with your criminal expungement in Oklahoma.

The state can object to your expungement on policy grounds, if they feel that the public interest in retaining the record outweighs the adverse consequences of keeping the record. In other words, even if a person qualifies, we can object on policy grounds. If you think this may be an issue in the case, we can provide you with a legal opinion regarding the matter.

Many types of offenses may be expunged, ranging from parking fines to felonies. In general, once sealed or expunged, all records of an arrest and/or subsequent court case are removed from the public record, and the individual may legally deny or fail to acknowledge ever having been arrested for or charged with any crime which has been
expunged. This is of course, subject to exceptions and for information relating to your specific case.

Effective November 1, 2012, there were several changes to the Oklahoma expungement statutes. Prior to 11/1/12, a person could seek an expungement of a dismissal within one year. Subsequent to 11/1/12, an individual must now wait until the applicable statute of limitations has passed.

Misdemeanor convictions must now wait 10 years following the date of conviction to be eligible for expungement.

Another significant change in the 11/1/12 law is that non-violent felony offenses which were deferred can be expunged if the individual has never been convicted of a  misdemeanor or felony, no charges pending against the individual, and 10 years has passed since the case was dismissed. This was previously not available for non violent felony deferred cases, so this is a great change that will allow certain individuals a second chance not previously available. if you have questions on how to expunge your criminal record in Oklahoma, call our office for a free consultation.

Abogado de Defensa Criminal en Tulsa

Tulsa Defensa Penal El bufete de abogados de Carlos L. Williams & Associados, PLLC tiene experiencia defendiendo a personas acusadas de delitos penales en Oklahoma en Municipal, Juvenil, tribunales estatales y federales. Desde el manejo de casos de delitos violentos, como la violencia doméstica, a la manipulación de los delitos de drogas, puede confiar en nosotros para ayudar a asegurar que sus derechos legales estén protegidos sin vacilaciones. Somos conscientes de que a raíz de un arresto, es probable que tenga muchas preguntas y estamos aquí para ayudar a asegurar que usted reciba la orientación de apoyo durante todo el proceso penal -desde el momento de la detención hasta el final a través de audiencias. Si usted no ha sido condenado y está buscando eliminación de antecedentes penales.

Abogado de Defensa Criminal en TulsaOtras áreas de la ley que somos capaces de ayudar con incluyen los delitos de cuello blanco, así como violaciónes de libertad condicional, delitos sexuales, delitos de robo y delitos cometidos por menores. No importa si usted ha sido acusado, usted puede estar seguro de saber que nuestra empresa va a intensificar a luchar por ti. Sabemos lo mucho que hay en fuego y agresivamente lucharemos para asegurarse de que este protegido contra la posibilidad de convicción. También nos especializamos en Deportación y Remoción de Defensa en la Corte de Inmigración para los inmigrantes que han sido acusados o condenados por delitos penales.

Sabemos que los procesos penales y de inmigración son estresante y problemático a su vida. Nuestra misión es simple: proporcionar discretamente la solución económica más inteligente, más rápido, y la mayoría de los problemas que está enfrentando.

Nuestra firma cuenta con más de 14 años de experiencia en la lucha contra las causas penales difíciles y defensoras de Oklahoma. Ponga nuestra experiencia a trabajar para usted. Ofrecemos tarifas competitivas, y planes de pago en la mayoría de los casos. Proteja sus derechos de inmediato. Póngase en contacto con nosotros al (918) 582-9LAW (9529) o al número gratuito 866-209-1868.

tulsa immigration lawyer

Immigration Update: Parents of US Citizens and Lawful Permanent Residents

On November 20, 2014, President Obama announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.

One initiative addressed in the executive actions is aimed at allowing parents of U.S. citizens and lawful permanent residents to request deferred action and employment authorization for three years, provided they have lived in the United States continuously since January 1, 2010, and pass required background checks.

So you may ask, who qualifies for deferred action and employment authorization? The answer: An undocumented individual living in the United States who is the parent of a U.S. citizen or lawful permanent resident, who meets the following:

  • The person has lived in the United States continuously since January 1, 2010;
  • The person had, on November 20, 2014, a son or daughter who is  a U.S. citizen or lawful permanent resident; and
  • The person is not an enforcement priority for removal from the United States (under the new policies for the apprehension, detention and removal of undocumented immigrants memo

The U.S. Citizenship and Immigration Services will consider each request for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) on a case-by-case basis. Enforcement priorities include (but are not limited to) national security and public safety threats.

According to USCIS, they will begin accepting requests for Deferred Action for Parents of Americans and Lawful Permanent Residents in min-to-late May 2015.

More information on this topic can be found at the USCIS website here

At the Law Office of Carlos L. Williams, we consult with clients regarding a wide variety of immigration issues in Tulsa and surrounding areas. If you require the assistance of an immigration lawyer in Tulsa, fill out the contact submission form to be contacted immediately for a free consultation.

Supreme Court to Hear Cases on whether ALL states must allow Same-Sex Marriage

The United States Supreme Court granted certiorari  to hear cases which will address the following questions:

1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?

2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?

There are currently 14 states which do not allow or recognize same-sex couples to marry: North Dakota, South Dakota, Nebraska, Missouri, Arkansas, Louisiana, Texas, Mississippi, Alabama, Georgia, Tennessee, Kentucky, Ohio, and Michigan. See a chart here.

As many of us recall back in October of 2014, the The Supreme Court turned away seven same-sex marriage cases in five states, including Oklahoma. The move resulted in the 10th Circuit Court of Appeals lifting its stay on gay marriage in Oklahoma making same-sex marriage legal in Oklahoma.

The Supreme Court could bring about the end of same-sex marriage bans across the country by year’s end.

The Law Office of Carlos L. Williams is a full service law firm in Tulsa, Oklahoma. Our firm handles criminal defense, family law, immigration, and personal injury cases. Attorney Carlos Williams is an experienced Tulsa lawyer, with over a decade of experience in Oklahoma courts. We pride our firm on treating each legal matter as if it were our own. We offer free consultations and payment plans suitable for all needs. Contact our office today at (918) 582-9LAW(9529) or toll-free at (866)209-1868.

 

Oklahoma CDL Violations

Tulsa Traffic Ticket Attorney; Consequences of Paying a Ticket

Traffic ticket fines vary throughout Oklahoma, differing by court, county and municipality. Most of the time, the ticket fine will be noted on the citation. However, if you do not see a fine, a court appearance will likely be required. When a person has been issued a traffic ticket in Tulsa, they have two options: pay the ticket and plead guilty/no contest or hire a Tulsa traffic ticket attorney to fight the ticket and plead not guilty.

By paying your ticket and pleading guilty or no contest, you have the possibility of increased insurance rates and DPS adding points to your driving history. A person with no tickets will have zero points on his or her license. After the payment of a ticket and a conviction, DPS will assign points to your record based on the offense. Point values range from one to four based on the severity of the offense. If a person accumulates 10 or more points within five years, his/her license will be suspended. Points are deducted by two for each 12 month period in which there are no convictions of any traffic violations (violations which carry points). In addition, two points are deducted for successful completion of a DPS-approved Driver Compliance or Defensive Driving Course. Reductions for completion of these courses can be given once every 24 months.

Below is a table containing the point assessments for the following traffic violations:

[one_third]

  • Violation of license restriction – 2
  • Reckless driving – 4
  • Failure to obey a stop sign or traffic light – 2
  • Left of center or wrong way on a one-way – 2

[/one_third] [one_third]

  • Speed – 2
  • Speed in excess of 25 mph over limit – 3
  • Failure to stop or remain stopped for a school bus – 4
  • Operating a defective vehicle – 1

[/one_third] [one_third_last]

  • Following too close or improperly – 2
  • Careless driving – 2
  • Failure to yield right of way – 2
  • All other violations (excluding those requiring suspension/revocation) – 1

[/one_third_last]

When a person hires a Tulsa traffic ticket attorney to fight the ticket, he or she will challenge the ticket in court for the purpose of having the ticket reduced or dismissed. Our firm has fought hundreds of traffic citations and has the experience you need to win your case. Call (918) 582-9LAW (9529) or 866-209-1868 now to have your case handled by a professional, experienced Tulsa traffic ticket attorney.

tulsa immigration lawyer

USCIS Releases Eligible Country List for Participation in the H-2A and H-2B Visa Programs

The H-2A and H-2B Visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. USCIS only approves H-2A and H-2B petitions for nationals of countries the Secretary of Homeland Security has designated as eligible to participate in the programs. USCIS may approve H-2A and H-2B petitions for nationals of countries not on the list if it is determined to be in the interest of the United States.

USCIS and the Department of Homeland Security, in consultation with the Department of State, has added the Czech Republic, Denmark, Madagascar, Portugal, and Sweden to the list of countries whose nationals are eligible to participate in the H-2A and H-2B Visa programs for the coming year. The notice listing the 68 eligible countries published on Dec. 16, 2014 in the Federal Register.

USCIS stated the notice of eligible countries does not affect the status of beneficiaries who currently are in the United States in H-2A or H-2B status unless they apply to change or extend their status. Each country’s designation is valid for one year from Jan. 18, 2015. The notice can be viewed  here.

At the Law Office of Carlos L. Williams, we consult with clients regarding a wide variety of immigration issues in Tulsa and surrounding areas.

Effective Jan. 18, 2015, nationals of the following 68 countries are eligible to participate in the H-2A and H-2B Visa programs:

List of Countries

[one_fifth]

Argentina

Fiji

Moldova

Slovenia

Australia

Grenada

Montenegro

Solomon Islands

Austria

Guatemala

Nauru

South Africa

Barbados

Haiti

[/one_fifth] [one_fifth]

The Netherlands

South Korea

Belize

Honduras

Nicaragua

Spain

Brazil

Hungary

New Zealand

Sweden

Bulgaria

Iceland

Norway

Switzerland

[/one_fifth] [one_fifth]

Canada

Ireland

Panama

Thailand

Chile

Israel

Papua New Guinea

Tonga

Costa Rica

Italy

Peru

Turkey

Croatia

Jamaica

[/one_fifth] [one_fifth]

The Philippines

Tuvalu

Czech Republic

Japan

Poland

Ukraine

Denmark

Kiribati

Portugal

United Kingdom

Dominican Republic

Latvia

Romania

Uruguay

[/one_fifth] [one_fifth_last]

Ecuador

Lithuania

Samoa

Vanuatu

El Salvador

Macedonia

Serbia

Estonia

Madagascar

Slovakia

Ethiopia

Mexico

[/one_fifth_last]

actual physical control

DUI; Actual Physical Control in Oklahoma

In Oklahoma, you don’t necessarily have to be “driving” a car to be arrested for driving under the influence. The term “actual physical control” is taken from the Oklahoma DUI statute, which makes it a crime for a person to be in actual physical control of a motor vehicle while under the influence of alcohol (>.08 BAC) or drugs. The courts reason the legislature broadened the DUI statute to include “actual physical control” in an attempt to allow a drunken driver to be apprehended before he strikes because an intoxicated person seated behind the steering wheel of a motor vehicle is a threat to the safety and welfare of the public.[1]

You may ask, what does a person have to do to be in actual physical control of a vehicle? The answer is not crystal clear, and because the term was not defined in the statute, the Oklahoma courts have adopted the ordinary dictionary meaning of the words “actual”, “physical”, and “control”; “the existing or present bodily restraint, directing influence, domination or regulation, of an automobile”.[2] While that definition seems to create more questions than it answers, it provides a general framework by which the courts have been able to determine whether the individual was in actual physical control by the circumstantial evidence.

If a person is sitting behind the wheel of a car with the engine running, it’s easier to say the person is in actual physical control of the vehicle.  However, if that same car is parked at a business while the owner sleeps in the back seat, with only the key in the on position to play the car radio, it is not as easy to say the person is in “control” of the vehicle.

The courts have noted that intoxicated occupants of motor vehicles do not have to be awake or conscious to be in actual physical control, if they are found behind the wheel with the keys in the ignition, whether or not the engine is running.[3]  The fact that the individual places his/herself behind the wheel of a vehicle when they are under the influence of alcohol is sufficient circumstantial evidence to support the conclusion that they either have been driving while intoxicated, or can be awakened at any moment and drive.[4] Additionally, a defendant located in the driver’s seat of a vehicle may be found to be in APC even though intent was temporarily lacking because the driver happened to be asleep or unconscious.

If you have been charged with Actual Physical Control in Oklahoma, or have questions about Actual Physical Control in Oklahoma, call our office at (918)582-9529 to speak with our Tulsa DUI attorney regarding your specific facts and circumstances.

 

[1] Hughes v. State, 1975 OK CR 83.

[2] Parker v. State, 1967 OK CR 7.

[3] Wafford v. State, 1987 OK CR 148; Hughes v. State, 535 P.2d 1023 (1975 Okla. Crim. App)

[4] DPS v. Kelley, 172 P.3d 231 (2007 OK Civ. App.) summarizing other cases.

Cases at the Supreme Court with Immigration Implications

There are currently two cases at the Supreme Court set for oral argument this month that will have immigration-related implications.  The cases generally concern whether a non-citizen (even a permanent resident) can be mandatorily detained and deported for possessing drug paraphernalia. The immigration and Nationality Act broadly authorizes the deportation of noncitizens that find themselves charged with crimes related to a controlled substance. The Supreme Court will address a current circuit split on whether drug paraphernalia itself must be related to a substance listed in the Federal Controlled Substances Act to form the basis of deportation.

The first case, Mellouli v. Holder, addresses the following issue:

Whether, to trigger deportability under 8 U.S.C. § 1227(a)(2)(B)(i), which provides that a noncitizen may be removed if he has been convicted of violating “any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of Title 21) . . . ,” the government must prove the connection between a drug paraphernalia conviction and a substance listed in section 802 of the Controlled Substances Act. For more information on Mellouli, please visit the ScotusBlog here.

The second case, Madrigal-Barcenas v. Holder, addresses a very similar issue:

Whether the plain text of the Immigration and Nationality Act, which states that a noncitizen is ineligible for cancellation of removal if he has been convicted of an offense “relating to a controlled substance,” requires that a drug paraphernalia conviction involve or relate to a controlled substance that is actually listed in the federal schedules of controlled substances in order to render a noncitizen ineligible for cancellation of removal. For more information on Madrigal-Barcenas, please visit the ScotusBlog here.

These cases involve facts that demonstrate how far the government will go in some cases to deport individuals. Mellouli, a lawful permanent resident and holder of two post-graduate degrees, was convicted of possession of drug paraphernalia in violation of Kansas law. The charge made no reference to controlled substances and would not have been a crime under Federal law or the laws of some other states.  Nevertheless, ICE arrested Mellouli and sought to deport him for violating a state law relating to a controlled substance.

Once a decision is handed down by the Supreme Court, we will be sure to keep you updated. If you are in need of a Tulsa immigration lawyer, or have questions relating to how criminal charges can impact immigration, contact our office for a free consultation.