Remove Your Criminal Record From The Public Eye Through Expungement
Oklahoma expungement laws allow individuals with criminal histories to cleanse and sometimes completely erase their criminal records from the public eye. Virtually all recipients of deferred sentences for misdemeanors and nonviolent felonies in Oklahoma will be eligible for a complete arrest expungement (one year after completion of their probation for a misdemeanor and five years after completion of their probation for a nonviolent felony). Also, a pardon is no longer a hurdle to expungement for those convicted of even two nonviolent felony offenses. These new provisions give hope to a vastly larger segment of the population than before.
If you were convicted of a felony drug crime, then many of those crimes have been reclassified as misdemeanors. Now, those felonies can be removed from your record as well.
Case Dismissal After Completing A Deferred Sentence
There are, essentially, two statutes that outline ways to get rid of a criminal record. Expungement of state court records pursuant to 22 O.S. §991c.D, 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 Oklahoma State Bureau of Investigation (OSBI) criminal history for that crime updated to “pleaded not guilty, case dismissed.”
Deleting Arrest Information From Your Criminal Record
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 OSBI, the National Crime Information Center (NCIC), publicly accessible records of all local 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.
Circumstances That May Qualify You For Arrest Expungement
The best way to figure out if your past arrests can be expunged from your record is to obtain a criminal history report from OSBI and allow me to review it. My name is Terry L. Pierce, and under limited circumstances, if you fax or email that report to me, then I will examine it and tell you what the law will allow in your specific situation. Some of the most common situations in which arrest expungements are allowed include the following:
- After one year has passed since the successful completion of a deferred sentence on a misdemeanor
- Immediately upon the satisfaction of a fine when less than a $501 fine was imposed pursuant to a misdemeanor conviction
- Five years have passed since the end of a sentence for a misdemeanor conviction that resulted in the imposition of either a fine of more than $500, a suspended sentence or a jail term
- Five years have passed since the successful completion of a sentence or dismissal after a deferred nonviolent felony
- Person arrested, but no charges of any type were ever filed or will ever be filed
- Person charged, but charges dismissed sans plea and will never be filed again
- Person pardoned by governor
- Person charged and/or convicted and/or imprisoned, and then innocence established by DNA
- In cases of theft of identity
- Person convicted of nonviolent felony offense that was later reclassified as a misdemeanor
This list is not exhaustive nor unqualified. Also, pardons are frequently granted in Oklahoma. Don’t be fooled into thinking that pardons are only for the ultrarich or the well-connected. I can be your connection. It’s time to get started now.
Contact Pierce Law Firm, P.C., To Find Out If Your Record Can Be Expunged
If you want to expunge your criminal record, then I can review your OBSI criminal history and figure out what I can do for you. To learn more, call my Norman office at 405-489-4964 or fill out my online contact form.