How does the expungement process work?

Oklahoma law recognizes fourteen (14) instances when a criminal arrest, conviction and/or dismissal is eligible for an expungement:

• You were found not guilty of the crime;
• The conviction was reversed on appeal and then subsequently dismissed at the trial level;
• You have been found factually innocent by use of DNA evidence;
• You received a full pardon based upon a finding of actual innocence;
• You were arrested but no charges have been filed and the statute of limitation to file charges has expired;
• You received a full pardon and the conviction occurred when you were under eighteen (18) years old;
• You have been charged but all counts have been dismissed, you have no other felony conviction and no other charges are pending against you;
• You were charged with a misdemeanor, charges were dismissed after a successful deferred prosecution, and at least one (1) year has passed since the dismissal;
• You were charged with a non-violent felony, charges were dismissed after a successful deferred prosecution, and at least five (5) years have passed since the dismissal;
• You were convicted of a misdemeanor and sentenced to a fine of less than $501.00 and no jail time;
• You were convicted of a misdemeanor and sentenced to a fine of more than $500 and/or jail time and at least five (5) years have passed since the end of your sentence;
• You were convicted of a non-violent felony, haven’t had any other convictions in the past seven (7) years, and at least five (5) years have passed since the end of your sentence;
• You were convicted of two (2) or more non-violent felonies, have received a full pardon on all convictions and at least twenty (20) years have passed since the last conviction; OR
• You were charged or arrested based on someone else’s use of your identity.

If any of the above conditions apply to your situation, an attorney with experience handling the expungement process can guide you through the paperwork and submissions necessary to successfully seal your arrest records from public view. In most cases, a petition must be filed for expungement at the district or trial court within the jurisdiction of your arrest. This petition should include your case number, arrest date, the identity of the law enforcement agency having effectuated your arrest and the date your case was finally disposed.

Pardons

If you were convicted of a crime not expungeable under state law, it may be possible to petition the Oklahoma Pardon and Parole Board to obtain a pardon of the crime; your attorney can help you through the complex pardon process. You may also be eligible to receive a conditional pardon, which allows you to receive a full pardon upon completion of several provisions. Receipt of a pardon is at the complete discretion of the Board and Governor and is decided based on a number of factors including the circumstances surrounding the crime, the behavior and rehabilitation of the offender, and the reason the pardon is needed.

Contrary to what some believe criminal records related to juvenile offenses are not automatically sealed, and mistakes made as a youth may also have serious implications for your future success and quality of life as an adult.

Even if your case was dismissed, you have been found not guilty, or you successfully completed the terms of your probation, arrest and criminal record still exist and information may be viewable by others on websites such as the Oklahoma Supreme Court Network (OSCN) and On Demand Court Records (ODCR). Once an order of expungement is finalized you are no longer under any obligation to disclose a criminal history when seeking employment or for any other purpose, and these records can no longer be released to others.

You owe it to yourself to take action that will allow you a better future. Contact the Tulsa Law Offices of Greg Lavender for a no-cost consultation to determine if you are eligible for an expungement or pardon. We are here to assist you in getting the fresh start you deserve.