Pardon vs. Expungement: Which Is Better In Tulsa?

You made a mistake in your past and it’s weighing on you. It might even be affecting your job and housing opportunities. If this sounds familiar, it’s understandable that you’d want to erase that mistake from your record so you can move forward with your life and leave that bad decision behind you. Is it possible to get a clean slate? Yes, but there are some caveats. Here’s what you need to know about getting a pardon vs. expungement for your record.

Pardon vs. Expungement: The Differences

In Oklahoma, pardons and expungements are two distinct legal mechanisms with different purposes and effects, though they can sometimes work together.

Pardon

A pardon is an official act of forgiveness granted by the Governor of Oklahoma after review by the Oklahoma Pardon and Parole Board. You are eligible for a pardon once you have completed your sentence, including any probation or parole, and demonstrated rehabilitation.

If granted, a pardon:

• DOES NOT erase the criminal record
• DOES indicate forgiveness for the crime
• May restore certain rights (e.g., voting rights, gun rights)
• Is sometimes a prerequisite for expungement

Expungement

An expungement is a legal process that seals or clears a criminal record, making it inaccessible to the public. Your eligibility depends on factors like the nature of the offense, time since conviction, and whether you’ve received a pardon (if required for your case).

If successful, an expungement:

• DOES erase or hide the criminal record (in most cases, it’s treated as though it never occurred)
• DOES prevent the general public from viewing the expunged record
  • Employers, landlords, and most members of the public will not see the crime if conducting a background check
• DOES NOT prevent certain law enforcement agencies from accessing the sealed record under specific circumstances

Note that Oklahoma offers two types of expungements: a full (Section 18) expungement for serious crimes like felonies and cases where a full sealing of the record is possible; and a partial (Section 991(c)) expungement for deferred sentences where the case is dismissed after you have successfully completed the requirements.

Reasons to Get a Pardon vs. Expungement

Why would you want a pardon if it doesn’t clear your record? A pardon can open doors that are currently closed to you. It serves as official confirmation that a person with a criminal past has taken the right steps to become a law-abiding citizen.

Depending on your situation, it can restore your voting and gun rights, as well as your ability to serve on a jury or hold public office. Pardons can also eliminate the social stigma associated with having a criminal record and can allow you to apply for more jobs, housing, and educational opportunities. And notably, getting a pardon is sometimes required to apply for an expungement (which will seal or erase your record).

Cost to Obtain a Pardon vs. Expungement

There is no fee to apply for a pardon in Oklahoma, but it can be a lengthy process that involves an application review, case investigation, and a decision (approval or denial) by Oklahoma’s Pardon and Parole Board. If your application is approved, it will then be forwarded to the Governor for review. Remember, only the Governor can grant a pardon. While there is no filing fee, you may still have small administrative costs, such as printing or notarization.

The cost of an expungement can vary depending on the type of case and the records involved. While some portions of the process may not require a fee, there are often costs associated with filing paperwork, processing records through the Oklahoma State Bureau of Investigation (OSBI), and other administrative steps.

If you choose to hire an attorney, legal fees will vary based on the complexity of your case. In general, expungements may cost several hundred dollars in filing and administrative costs. Total costs may increase based on the specific circumstances of the case.

Do You Need a Lawyer?

For both a pardon and expungement, it is possible to handle the process yourself without legal support. For simple cases, this may be the most cost-effective option. But if your pardon or expungement is complex, such as if it’s your second nonviolent felony, you’ll likely need to hire a lawyer to assist you. Also, the application process for pardons and expungements can be long and convoluted, with requirements and deadlines you must meet, so you might simply want an experienced professional to handle those details for you.

Even the Oklahoma State Bureau of Investigation (OSBI) suggests that you have a lawyer because of all the paperwork and specific legal requirements involved in a successful expungement, saying: “The OSBI strongly suggests you get a lawyer to advise you of the proper actions to take. 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.”

Hiring an attorney will add to the overall cost, with the overall fee depending on the complexity of your case and the attorney you choose.

Clean Up Your Record For Good

Whatever you decide regarding a pardon vs. expungement, it’s always a good idea to clean up your record. Both these legal actions provide peace of mind and opportunities that will improve your life. For more information about how to clear your record as easily and quickly as possible, contact the Tulsa Expungement Guy. We have decades of experience helping our clients put their pasts behind them and can help you, too.