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The Expungement Process In Oklahoma: Can You Erase Your Criminal Record?

  • By: Carlos L. Williams
The stamp reading 'EXPUNGEMENT,' symbolizing legal clearance of criminal records

A past mistake doesn’t have to hold you back forever. In Oklahoma, certain criminal charges and convictions can be cleared from your record through the expungement process.

This article covers the basics and limitations of expungement, including:

  • What expungement is and who qualifies.
  • What can be removed from your record and the benefits of doing so.
  • Steps to take if your expungement request is denied—and how to avoid a denial in the first place.

What Is Expungement?

Expungement is a legal process that allows you to remove certain blemishes from your criminal record, helping you move forward without past issues limiting your opportunities.

In Oklahoma, you may seek expungement if you have been:

  • Charged with a crime,
  • Convicted of a crime, or
  • Subject to allegations by law enforcement.

Expungement can result in the removal of law enforcement, court, or judicial records related to your case. This means the specific record in question will no longer be visible to others, including potential employers. In some cases, these records can also be sealed through court and administrative procedures, providing an extra level of privacy.

Who Qualifies For Expungement In Oklahoma?

Expungement can be a complicated process, which is why it’s important to consult a lawyer before taking any steps. The eligibility requirements depend on the type of charges or convictions involved. Here’s a breakdown of the most common scenarios:

Misdemeanor Charges

If you’ve been charged with a misdemeanor, there’s a good chance you may qualify for expungement. According to Oklahoma law (Title 22, Chapter 1, Section 18), you are eligible for expungement five years after the dismissal of your charge if:

  • The charge was dismissed after successful completion of a deferred judgment or delayed sentence.
  • You have never been convicted of a felony.
  • No misdemeanor or felony charges are pending against you.
  • At least one year has passed since the charge was dismissed.
Nonviolent Felony Charges

Expungement is also possible for nonviolent felony charges under certain conditions. Oklahoma law, as outlined in Section 571 of Title 57, allows for expungement if:

  • The charge was dismissed after successful completion of a deferred judgment or delayed sentence.
  • You have never been convicted of a felony.
  • No misdemeanor or felony charges are pending against you.
  • At least five years have passed since the charge was dismissed.
Misdemeanor Convictions

In some cases, even a misdemeanor conviction can be expunged. You may qualify if:

  • Your sentence was limited to a fine of less than $500.
  • You did not serve any jail time.
  • You have completed your suspended sentence.
  • Your fine has been paid or resolved through time served.
  • You have not been convicted of a felony.
  • No misdemeanor or felony charges are pending against you.
Additional Expungement Options

While these are the most common situations, there are other pathways to expungement, including options for certain felonies. However, these laws and statutes can be challenging to interpret without legal experience.

At the Law Offices of Carlos Williams, we’re here to simplify the process. We offer a free expungement review to help you determine your eligibility. Call us at (918) 216-9644 or connect with us online for a no-cost courtesy evaluation of your case. Let us guide you toward a fresh start.

What Type Of Criminal Records Can Be Expunged In Oklahoma?

Almost all misdemeanors and most nonviolent felonies can be expunged, eventually. However, in each case, there are requirements for how much time will have to have passed as well as other limitations, such as all fines being paid off.

What Are the Benefits Of Expunging A Criminal Record?

Expunging a criminal record can provide a fresh start by sealing it from public view. Once expunged, your record will no longer be accessible to anyone except law enforcement.

This can be especially beneficial when applying for jobs where a criminal record might pose a problem, such as positions in education, healthcare, or other sensitive fields. By sealing your record through the expungement process, you can protect your privacy and avoid unnecessary scrutiny from potential employers or background investigators.

What Should I Do If My Expungement Request Is Denied?

First, don’t panic. A denial is not the end of the road. In most cases, the next step involves filing a motion in court. If one of the parties to the expungement—such as law enforcement or a prosecutor—chooses to contest it, the matter will be brought before a judge, who will make the final decision.

The good news is that with proper legal guidance, expungement is typically achievable as long as you meet the necessary conditions. 

I Thought I Already Got An Expungement. Why Is This Charge Still On My Record?

In Oklahoma, there are two types of expungements, and many people aren’t aware of the difference.

The first type of expungement happens automatically after completing a deferred sentence. However, this type doesn’t fully seal your record, meaning it can still be accessed by employers and others. The second type is the statutory expungement (sometimes called a “super expungement”). This process ensures your record is sealed, keeping it hidden from public view.

If your record is still appearing, we can help you pursue the statutory expungement to fully remove your criminal history from public view.

How Can An Expungement Of My Criminal Record Change My Life?

Having handled expungements for over 20 years, we’ve seen firsthand how transformative this process can be. While the details of each case differ, certain stories stand out—like young adults who made mistakes at 18 or 19, such as a minor drug offense or petty theft, but later turned their lives around by pursuing higher education and building a promising future.

Despite their progress, that old record became a barrier when they applied for jobs. Through the expungement process, we were able to remove those obstacles, opening the door to new opportunities and a fresh start. Watching these individuals thrive has been incredibly rewarding, and we take pride in playing a part in their success.

If you’re facing similar challenges, let us help you take control of your story and move forward with confidence.

Ready To Get A Fresh Start By Expunging Your Criminal Record?

For more information on The Expungement Process In Oklahoma, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (918) 216-9644 today.

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