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
- A person was 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
- A person pardoned by the governor
- Person charged and/or convicted and/or imprisoned, and then innocence established by DNA
- In cases of theft of identity
- A person convicted of a 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 ultra-rich or the well-connected. I can be your connection. It’s time to get started now.
Expungement for Victims of Human Trafficking in Oklahoma
Oklahoma’s location at the center of three interstate highways makes it a hotspot for human trafficking. Victims of human trafficking often end up with criminal records from activities that they were forced to engage in under duress. Oklahoma law allows these victims to expunge their criminal record, allowing them to rebuild their lives without a criminal record. It also recognizes that the traffickers are the criminals, not the victims, a major step for the rights of victims in Oklahoma.
Legal Provisions
In 2013, Oklahoma extended its expungement laws to include prostitution-related offenses resulting from human trafficking. Section 19(C) of Title 22 of the Oklahoma Statutes allows expungement of “a charge or conviction for prostitution-related offenses committed as a result of the defendant having been a victim of human trafficking.” 22 OK Stat § 19c (2023).
Application Process for Human Trafficking Victims
- Do not wait: Generally, you can apply for expungement only after you have completed your sentence. However, if you are a victim of human trafficking, there is no wait.
- Get an attorney: Expungement is a very specific process. Procedural mistakes can destroy your case. The Oklahoma State Bureau of Investigation (OSBI) “strongly suggests you get a lawyer to advise you of the proper actions to take,” emphasizing that “If you decide to represent yourself, the court will hold you to the same standards for knowing and following the applicable law as it would an attorney.”
- File a petition in the county where you were charged: Your petition must be detailed and include evidence of human trafficking. Evidence can include police reports, court documents, and witness testimony. An attorney can help you gather evidence and present it to the judge properly.
- Serve your documents on all required parties and file a proof of service: The parties that you need to serve usually include the district attorney, the law enforcement agency that arrested you, and the OSBI.
- Go to the hearing: You or your lawyer will present your case and answer the judge’s questions. If you meet the legal requirements for expungement, the judge will issue an order expunging your record.
Are There Different Types of Expungement in Oklahoma?
Yes, there are multiple types of expungements in Oklahoma. One type is a Section 18 Expungement, which allows convicted individuals to expunge their entire arrest record in a county.
Another type of expungement is a Section 991(c) expungement. This expungement type allows individuals with deferred sentences to expunge their plea. Under this arrangement, an individual can have their case disposition updated to show that the case was dismissed, and the case will no longer be available on OSCN or ODR. Once removed from these databases, the case will no longer be available for the public to view.
One drawback of Section 991(c) expungement is that the individual’s arrest record will still appear on background checks. This can have significant implications for individuals who received expungement under this section who apply for jobs and positions that require background checks, especially if you are unaware that your arrest record will appear on a background check and do not disclose that information to their potential employer beforehand.
Do I Have to Disclose Expungement History?
Although expungement will typically remove your conviction for the expunged crime from public records, there may be certain instances where you should reveal details about your criminal history. For example, just because your case was expunged does not mean you can truthfully say you’ve never been arrested. This is because arrests and convictions are different. Arrests involve being detained and taken into custody by police under the probable cause standard. A conviction means a court of law has formally determined your guilt through a judicial disposition or jury verdict.
Failing to disclose your arrest history when prompted by a potential employer or judicial body could inadvertently lead you to look dishonest. The reason is that expungements will not remove evidence or your criminal record from private sources like newspapers or online blogs. Further, law enforcement will always be able to see your criminal record and use it as evidence of prior arrest or conviction. Consulting with a criminal defense attorney is your best option to understand your rights and obligations after an expungement fully.
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) 579-3700 or fill out my online contact form.