What Oklahoma crimes are eligible to be expunged in 2024?
If you want to move past your criminal charges, and put a mistake in the past, an expungement is a great way to do that. Under Oklahoma law, many cases are eligible for expungement. Unfortunately, Oklahoma law doesn’t provide us a list of which cases CAN be expunged, but only those that CANNOT be expunged. If your charge is not included on this list, you can assume that you are either eligible, or will eventually become eligible, for an expungement.
What crimes are not eligible for expungement?
In order to determine if your case is eligible for expungement, we have to ensure it isn’t listed as one of the crimes that cannot be expunged. Any crime listed on the violent felony list is not eligible for expungement. This list is not necessarily intuitive. Many crimes you don't expect to be violent are included and vice versa.
For example, domestic assault and battery or general assault and battery are not listed on the violent felony list. Even though you may expect these crimes to be categorized as “violent,” they are not felonies and therefore would be eligible for expungement. First-time domestic assault and battery, without some other type of aggravating factor, is a misdemeanor. All charges of assault and battery, without some type of aggravating factor, are considered misdemeanors. Aggravating factors that could elevate your case from a misdemeanor to a felony include using a deadly weapon while you commit the crime, causing great bodily injury, or committing the crime in a specialized manner, like by strangulation.
For a definitive list of violent felonies, you can visit our article. We have provided some of the main cases below that you may not expect would be included on this list and therefore are not eligible for expungement.
- Aggravated Drug Trafficking
- Eluding a Police Officer
- Burglary in the First Degree
- Injuring or Burning Public Buildings
If you have ever been convicted of one of the above crimes, you are not only prohibited from expunging that individual charge, but any other charges you may have obtained. This includes charges you had prior to that case and any charges you may receive in the future.
What crimes are eligible for expungement?
It is important to note there are certain requirements you have to meet to be eligible for an expungement, which involve the length of time since you received charge, your criminal history, whether your fines have been paid, etc. In this article, we are only focusing on what types of charges are eligible for expungement, and not the conditions that have to be met with those charges. This list is merely a guide for potential eligibility and should not be considered a guarantee of eligibility.
All misdemeanor charges are eligible for expungement at some point, if you complete your other expungement requirements. While there are many misdemeanors in Oklahoma, some common charges are:
- First Time Driving Under the Influence
- First Time Actual Physical Control of a Vehicle While Intoxicated
- First Time Domestic Assault and Battery
- First Time Violation of Protective Order
- Larceny of Merchandise From a Retailer Under $1,000
- Petit Larceny Under $1,000
- Public Intoxication
- Transporting an Open Container
- Reckless Driving
- Obstructing an Officer
- Resisting Arrest
- Possession of a Controlled Dangerous Substance
- Breaking and Entering
All of these charges are eventually eligible for expungement, assuming you meet the other expungement criteria.
This may sound silly, but traffic offenses are technically considered criminal cases. You can get your traffic tickets expunged, regardless of whether they are filed under a “cm” or “tr” case number. Some common traffic offenses include:
- Failing to Stop at a Stop Sign
- Expired Tag
- No Insurance
- Driving with License Suspended, Revoked, or Canceled
- Driving Left or Right of Center
- Failure to Use a Turn Signal
- Faulty Equipment
- Driving Without a Seat Belt
All of these charges, and more, can be expunged, assuming you meet the rest of the expungement criteria.
While many people may say it isn’t worth the effort to get a traffic ticket expunged, we always recommend it regardless of how small or commonplace your charge may seem. The old adage is that you don’t need an expungement, until all of a sudden you do. And at that point, it is sometimes too late. For example, a traffic ticket may not seem like a big deal until you volunteer to drive your kids and their friends for a school field trip. The school may say you aren’t allowed to, due to your driving history. It may also limit future job options, especially if you are considering a job that requires you to drive a commercial vehicle.
Many felony charges are eligible for an expungement. While the time requirements are stricter and the expungement won’t restore the rights you lost as a convicted felon, it will remove your case history and open new job and housing opportunities. Some common expungeable felonies include:
- Subsequent Driving Under the Influence Charge
- Subsequent Actual Physical Control of a Vehicle Charge
- Larceny of Merchandise From a Retailer Over $1,000
- Larceny Over $1,000
- Second Degree Burglary
- Malicious Injury to Property Over $1,000
- Bogus Check
- Possession of Controlled Dangerous Substance with Intent to Distribute
- Trafficking in a Controlled Dangerous Substance (non-aggravated)
- Possession of Stolen Property
- Unauthorized Use of a Motor Vehicle
- Possession of a Stolen Vehicle
This is not a definitive list, so if we have not mentioned your charge, it does not mean that you are not eligible for an expungement. These are merely the common cases we see clients getting expunged. Any charge that is not explicitly listed on Title 57 is eligible for expungement if you meet the other requirements.
How do I know if I meet the other expungement requirements?
The best thing you can do is talk to an attorney. You can pre-check the requirements utilizing our “How to Expunge a Record” article and by utilizing our free expungement quiz. This can give you a better idea of your eligibility. If you use our quiz, we will follow up with a call and free consultation to ensure your results are accurate and give you a quote for obtaining the expungement.
The Bottom Line
It is impossible to give a definitive list of every charge that can be expunged in Oklahoma. Oklahoma law doesn’t provide a list of expungeable cases, but rather provides a list of cases that cannot be expunged. We have provided some common cases that people expunge, but there is no substitute for an individualized consultation. If you have questions regarding an expungement, give us a call and we would be happy to go over your case with you for free.