Expungement lawyers in Oklahoma

Expungement Attorneys in Oklahoma


Expungement in Oklahoma

Oklahoma law allows individuals with criminal records to petition the court for expungement. With expungement in Oklahoma the records are not destroyed, however, they are no longer accessible to the public and through routine background checks.

Effective November 1, 2014, Oklahoma SB2140 went into effect making it easier for people with multiple convictions and misdemeanor deferred sentences to get expunged:

  • Reduced the wait time for the expungement of a misdemeanor deferred sentence to one (1) year.
  • Allow for the expungement of multiple misdemeanors or felonies, as long as they “arise out of the same transaction or occurrence.”
  • Allow for the expungement of more than one misdemeanor conviction, after ten (10) years has passed from the last conviction.
  • Allow a person with a single felony conviction, over ten (10) years old, and misdemeanor convictions, over fifteen (15) years old, to be expunged.
  • Allow for the expungement of Pardon and Parole Board records, which were previously unexpungeable, yet required for the expungement of a felony conviction.

The eligibility requirements vary depending on the crime and whether or not you were convicted:

If you were never convicted the statute allows you to file for an expungement if:

  • you were acquitted.
  • you were arrested and no charges of any type, including charges for an offense different than that for which you were originally arrested, are filed and the statute of limitations has expired or the prosecuting agency has declined to file charges.
  • You were charged with one or more misdemeanor or felony crimes, and all charges have been dismissed, you were never convicted of a felony, you do not have any misdemeanor or felony charges pending, and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled; provided, however, this does not apply to charges that are dismissed following the completion of a deferred judgment or delayed sentence.

If you were given a deferred sentence you may be eligible to file for expungement if:

  • you were charged with one or more misdemeanor or felony crimes, the charges have been dismissed, you have never been convicted of a felony, do not have any misdemeanor or felony charges pending, and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled.
  • You were charged with a misdemeanor, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, you have never been convicted of a misdemeanor or felony, you do not have any misdemeanor or felony charges pending, and at least one (1) year has passed since the charge was dismissed.
  • you were charged with a non-violent felony, as set forth in Section 571 of Title 57 of the Oklahoma Statutes, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, you have never been convicted of a misdemeanor or felony, you do not have any misdemeanor or felony charges pending, and at least ten (10) years have passed since the charge was dismissed.

If your conviction was overturned you may be eligible to file for expungement if:

  • The conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction, or an appellate court of competent jurisdiction reversed the conviction and the district attorney subsequently dismissed the charge.
  • The factual innocence of the person was established through the use of DNA evidence subsequent to conviction, including a person who has been released from prison at the time innocence was established.

If you were convicted you may be eligible to file for expungement if:

  • You were convicted of a misdemeanor offense, you have not been convicted of a felony, you do not have any felony or misdemeanor charges pending, and at least ten (10) years have passed since the end of the last misdemeanor sentence.
  • You were convicted of a non-violent felony, as defined Section 571 of Title 57 of the Oklahoma Statutes, you have received a full pardon for the offense, you have not been convicted of any other felony, you have not been convicted of a separate misdemeanor in the last fifteen (15) years, you do not have any felony or misdemeanor charges pending, and at least ten (10) years have passed since your felony conviction. To expunge a felony conviction you must first receive a pardon for the offense.

If you have received a pardon you may be eligible for expungement if:

  • You have received a full pardon on the basis of a written finding by the Governor of actual innocence for the crime for which you were sentenced.
  • You were under eighteen (18) years of age at the time of the offense being committed and you have received a full pardon for the offense.
  • You were convicted of a non-violent felony, as defined in Section 571 of Title 57 of the Oklahoma Statutes, you have received a full pardon for the offense, you have not been convicted of any other felonies, you have not been convicted of a separate misdemeanor in the last fifteen (15) years, you do not have any felony or misdemeanor charges pending, and at least ten (10) years have passed since the felony conviction.

Attorneys in Oklahoma

Loyde H. Warren, Attorney At Law

Loyde Warren
PO Box 718
Oklahoma City, OK 73102

WILSON LAW FIRM, PLLC

Greg Wilson
502 N. Broadway
Shawnee, OK 74801