Are you being turned down for jobs, promotions, and loans? It may be your record haunting you.
Oklahoma expungement laws allow individuals with a criminal history to cleanse and sometimes completely erase their criminal record from the public eye. Thanks to new Oklahoma laws, effective November 1, 2012, virtually all recipients of deferred sentences (on misdemeanors and non-violent felonies) in Oklahoma will be eligible for a complete arrest expungement two years after completion of their probation. These new provisions give hope to a vastly larger segment of population, including persons that, prior to November 1, 2012 were not eligible to have their arrest record cleared because their case was not dismissed within a year of the date of arrest.
There are, essentially, two statutory schemes for getting rid of a criminal record.
Expungement of state court records pursuant to 22 O.S. §991c.C whereby, upon successful completion of a deferred sentence, the court withdraws your original plea of guilty or no contest and dismisses your case. Afterward, the clerk of the court removes your name and case from the public record.
You can, then, legally state that you have never pleaded guilty to that crime. At this point, you may also have your OSBI criminal history for that crime updated to state: “Pleaded Not Guilty, Case Dismissed.”
Expungement of arrest records pursuant to 22 O.S. §§18, 19 allows, in some circumstances, for all arrest information to be deleted from the records of the Oklahoma State Bureau of Investigation (OSBI), the National Crime Information Center (NCIC), all police agencies involved, and the clerks of court.
With an arrest record expungement, you may legally state that you have never been arrested for that crime. There are a myriad of circumstances under which arrest expungements are warranted; thus, your best bet is to obtain a criminal history report from OSBI and bring it with you to a scheduled consultation with Mr. Pierce. Under limited circumstances, if you will fax that report to us, Mr. Pierce will examine it and tell you just what the law will allow in your specific situation.
Some of the most common situations that we see, where arrest expungements are allowed, are:
- 2 years have passed since successful completion of deferred sentence on misdemeanor;
- 10 years have passed since misdemeanor conviction;
- 10 years have passed since successful completion of deferred sentence on non-violent felony;
- 10 years have passed since felony conviction, and fully pardoned by governor for offense;
- Person arrested, but no charges of any type were ever filed, nor will any ever be filed;
- Person charged, but charges dismissed sans plea and charges won’t ever be filed again;
- Person convicted of felony, but pardoned by governor due to actual innocence;
- Person charged and/or convicted and/or imprisoned, then cleared by DNA; and,
- In cases of theft of your identity.
This list is not exhaustive, nor unqualified. Send your OSBI criminal history – Let’s see what we can do.