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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 consultation.