On November 1, 2021 Oklahoma’s new violent crime list will go into effect. If you are considering an expungement, it is important to know if your conviction is for a violent crime. If your conviction isn’t on the list of violent crimes, you may qualify for an expungement.
In Oklahoma, you can’t expunge a “violent crime.” You would be forgiven for thinking that a “violent crime” just means a crime that involves some kind of violence, but the law simply doesn’t work that way. The State has a list of crimes that are considered “violent crimes,” and a new list just went into effect on November 1, 2021. Here is every crime that is considered a “Violent Crime” in Oklahoma:
While many of the crimes on this list are crimes you would expect such as murder and rape, some of them aren’t things most people would consider violent. Let’s say an officer tries to stop your vehicle, and you keep driving and try to evade the officer to avoid being pulled over. You are guilty of the “violent crime” of Eluding a Peace Officer. On the other hand, a crime that nearly everyone would consider violent, such as domestic assault and battery on a pregnant woman, is not considered a “violent crime.” These inconsistencies make it hard to determine who is and is not eligible for expungement.
The good news is, any crime that isn’t explicitly listed above is considered a non-violent crime. If you receive a deferred sentence on a non-violent felony, it can be expunged five years after the completion of the deferred sentence and the dismissal of the charges. You must also have successfully completed your probation requirements, have had no misdemeanor convictions in the past 7 years, have had no prior felony convictions, and no pending charges.
If you have a second felony conviction, you may still qualify for an expungement. You can apply for an expungement of both felony convictions after 10 years have passed from the successful completion of both sentences. However, if you have any prior convictions from one of the listed violent felonies above, you are not eligible to get either of your felony convictions expunged.
In addition to the violent crimes above, you do not qualify for an expungement if you were required to register as a sex offender. This can be misleading, because many of the crimes that require sex offender registry are listed on the violent crimes list, but not all of them. For example, sexual battery requires registry as a sex offender, but is not considered a violent crime under the Violent Crime List.
Need help determining if your conviction was a “violent crime?” Please call us at (918) 928-9617or take our free expungement quiz.
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