How to Expunge A Record In Oklahoma

12/13/2022

A criminal conviction can keep you from accomplishing some of your goals. An expungement can prevent a conviction from interfering with your life, and you may have already completed everything you need in order to qualify.

What is an expungement?

An expungement removes an arrest or conviction record from public view. In some instances, it means you can legally say you have never been convicted of a crime. In most instances, it also means that criminal background checks will not show your conviction.*

Why would I want an expungement?

There are a few reasons. First, your case will be removed from the Oklahoma State Courts Network (OSCN), which keeps your friends and family from finding your conviction in an online search. Second, after an arrest or a conviction has been expunged, you do not have to disclose that incident to employers, landlords, and educational institutions. This translates to better opportunities for jobs, housing, and professional licenses.

When do I qualify for an expungement?

That depends on your case. Many more people qualify today (after a series of changes to the law) than did even a few years ago. Below, we have laid out the different types of cases and what you need to do to qualify for an expungement.

If your conviction was a misdemeanor with a deferred sentence

You will receive a partial expungement after successfully deferring a misdemeanor sentence. Here’s how it works: At the time of your plea, the judge withholds a finding of guilt for the probation term. If you have completed all requirements at the end of the probation term, the judge enters a plea of not guilty and dismisses your case.

To receive a full expungement, you must meet the following conditions:

One year has passed since the completion of your deferred sentence.
You have no prior felony convictions.
You do not have any pending misdemeanor or felony convictions.
You have paid all your court costs.

If your conviction was a misdemeanor with a suspended sentence

Unlike with a deferred sentence, you cannot receive a partial expungement with a suspended sentence. To receive a full expungement for a misdemeanor with a suspended sentence, you must meet the following conditions:

Five years have passed since the completion of your suspended sentence.
You have no prior felony convictions.
You do not have any pending misdemeanor or felony convictions.
You have paid all your court costs.

If your conviction was a misdemeanor with jail time

Five years have passed since the date you would have been released from jail if you served your full sentence.
You have no prior felony convictions.
You do not have any pending misdemeanor or felony convictions.
You have paid all your court costs.

If your conviction was a misdemeanor with a fine under $501

There is no minimum wait time to apply for an expungement if the fine is under $501
You have paid all your fine and court costs.
You have no prior felony convictions.
You do not have any pending misdemeanor or felony convictions.

If your conviction was a misdemeanor with a fine over $500

You have paid all your fine and court costs.
Five years have passed since paying off your fine and court costs.
You have no prior felony convictions.
You do not have any pending misdemeanor or felony convictions.

If your conviction was a felony with a deferred sentence

You will receive a partial expungement after successfully deferring a felony sentence. It works similarly to a misdemeanor deferral: At the time of plea, the judge withholds a finding of guilt for the probation term. If you have completed all requirements at the end of your probation term, the judge enters a plea of not guilty and dismisses your case.

To receive a full expungement, you must comply with all of the below requirements:

The felony is non-violent.
The felony does not require you to be added to the sex offender registry.
Five years have passed since the completion of your probation.
You have no prior felony convictions.
You do not have any pending misdemeanor or felony convictions.
You have paid all your court costs.

If your conviction was a felony with a suspended sentence

Unlike with a deferred sentence, you can’t receive a partial expungement with a suspended sentence. To receive a full expungement for a felony with a suspended sentence, you must comply with these requirements:

The felony is non-violent.
The felony does not require you to be added to the sex offender registry.
Five years have passed since the completion of your probation.
Seven years have passed since you were charged with any misdemeanors.
You have no prior felony convictions.
You do not have any pending misdemeanor or felony convictions.
You have paid all your court costs.

If your conviction was a felony with jail time

The felony is non-violent.
The felony does not require you to be added to the sex offender registry.
Five years have passed since the date you would have been released from jail if you served your full sentence.
Seven years have passed since you were charged with any misdemeanors.
You have no prior felony convictions.
You do not have any pending misdemeanor or felony convictions.
You have paid all your court costs.

If your conviction was a felony after a prior felony conviction

Both felonies are non-violent.
Neither felony would require you to be added to the sex offender registry.
Ten years have passed since the completion of your most recent felony (the ten year clock will begin once you have finished your sentence).
You do not have any pending misdemeanor or felony convictions.
You have paid all your court costs.

If your conviction was a violent felony

At this time, Oklahoma law does not allow you to expunge a felony that is considered to be violent. However, as of November 1, 2021, Oklahoma adopted a new list of violent felonies. If you have previously been unable to expunge a crime because it was considered a violent felony, this reclassification may provide you the opportunity for an expungement.

Any case where the charges have been dismissed

If a case was filed against you and the charges were dismissed, you are eligible to have that case expunged from your record. You merely need to wait for the statute of limitations to expire.

I have completed all of the requirements you listed. Now what?

Expungements are not automatic; once you meet all the applicable requirements, you must apply to get your conviction expunged.

When applying for an expungement, you hire an attorney who prepares the necessary documents on your behalf. This attorney sends those documents to the district attorney, the Oklahoma State Bureau of Investigation, the judge, the law enforcement agency involved in your case (such as the Tulsa Police Department), and the court clerk. If all parties agree to your expungement, they sign the documents and the court grants your expungement.

If any party disagrees with your expungement, they file an objection with the court clerk. If an objection is filed, the court schedules an expungement hearing, where both sides have the opportunity to argue their position. At that point, the judge makes a ruling.

Typically, expungement objections are based on small technicalities. A common example is when you apply for your expungement five years after you plead guilty to the case, instead of five years after the probation term has ended. In these situations, the court denies your expungement, but you can re-apply once the time limit has passed.

If you are considering an expungement, take our free expungement quiz, or give us a call to determine if you are eligible.

* Some law enforcement officials can. For example, a district attorney’s office can run a National Crime Information Center (NCIC) check, otherwise known as an FBI-level background check, which will show all your arrests and convictions, even those that have been expunged.