Expunge A Misdemeanor In Oklahoma
Even a misdemeanor conviction can cause you serious problem long after your conviction. If you have been convicted of a misdemeanor that has led to issues with jobs, housing, or school, an expungement may be the answer.
What is a misdemeanor?
A misdemeanor covers a wide variety of crimes, but is generally any crime considered less serious than a felony. This includes things like petty theft, certain types of DUIs, and reckless driving.
What’s an expungement anyway?
An expungement is when an arrest or conviction record is sealed and no longer accessible to the general public. This means the only way someone would be able to see your arrest or conviction would be with your permission or if they were a member of law enforcement.
After an expungement, you do not have to disclose your prior criminal history to people such as employers and landlords. This means better opportunities for jobs and housing. Additionally, expunged crimes do not have to be disclosed to educational institutions and will eliminate barriers to licensing in certain fields.
What type of records get expunged?
Arrest records, court records, Department of Correction records, etc. are all records that can get expunged. Different types of records have different rules and eligibility requirements for an expungement.
Which types of misdemeanors qualify for an expungement?
- Deferred Misdemeanor - successful completion of misdemeanor charges or charges were deferred and dismissed. Requires that you have not had a felony conviction and that 1 year has passed since the dismissal of the misdemeanor.
- Misdemeanor Conviction less than $500 fine - In this scenario you would have received no jail or prison time. You must have paid all of your fines, and you cannot have a felony conviction.
- Misdemeanor Conviction more than $500 fine - This is when you received a fine over $500, jail time, prison time, or a suspended sentence. You must have paid all fines, you cannot have a felony conviction, and 5 years must have passed since the end of the last misdemeanor sentence.
Where do I expunge a misdemeanor?
A misdemeanor is expunged in the district court where the arrest was made. For example, if you were arrested in Tulsa County, you would apply for an expungement in Tulsa County.
If my arrest occurred a long time ago, is it too late to get it expunged?
No! There is no requirement that you must apply for an expungement within a certain time frame. Even if the misdemeanor occurred 10, 20, or 30 years ago, you may still qualify for an expungement if you meet the other requirements.
Where do I get a copy of my Criminal History?
Your criminal history report is available through the Criminal History Reporting Unit of the Oklahoma State Bureau of Investigation.
Can anyone see my criminal history after I have had an expungement?
Just because you have had an expungement doesn’t mean your criminal history is completely erased. In some cases, judges will only expunge part of your criminal history. This means the other portion of your criminal history still has to be disclosed to employers and landlords. Additionally, some law enforcement officials will be able to see your criminal history.
Are all expungements the same?
No there are different kinds of expungements. A full expungement, or Section 18 Expungement, erases your criminal arrest, criminal charge, criminal court proceedings and other public criminal records. After a full expungement takes place a person can legally say the incident did not occur, and it is as if it never happened. A partial expungement, or 991c Expungement, only applies to individuals who have received a deferred sentence. After a successful partial expungement, an individual’s record will be removed from online databases and their OSBI record will typically state they have been arrested for the offense, but they plead not guilty and the case was dismissed.
Ready To See If You Qualify?
If you would like to explore the possibility of getting your record expunged, contact us using the form below for a free consultation.