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Am I Eligible for an Expungement in Oklahoma



EXPUNGEMENT ELIGIBILITY REQUIREMENTS


Can I seal or expunge my Oklahoma conviction or deferred sentence?

EXPUNGEMENT LAW CHANGED IN NOVEMBER 2016. You may be eligible NOW even if you were not previously eligible. Examine the requirements for the different type of expungements. The requirements are different for each category. Note that if you have a felony conviction, a pardon is likely required before you are eligible for expungement.

For a “complete expungement,” you must meet the requirements of Section 18. However, you may still qualify under Section 991 if cannot meet the following conditions by falling within one of the following categories:

1. NOT GUILTY: The person has been acquitted;

2. CONVICTION REVERSED: 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;

3. DNA EXONERATION: The factual innocence of the person was established by the use of deoxyribonucleic acid (DNA) evidence subsequent to conviction, including a person who has been released from prison at the time innocence was established;

4. ACTUAL INNOCENCE PARDON: The person has received a full pardon on the basis of a written finding by the Governor of actual innocence for the crime for which the claimant was sentenced;

5. ARRESTED, BUT NO CHARGES FILED: The person was arrested and no charges of any type, including charges for an offense different than that for which the person was originally arrested are filed and the statute of limitations has expired or the prosecuting agency has declined to file charges;

6. MINOR UNDER 18: The person was under eighteen (18) years of age at the time the offense was committed, and the person has received a full pardon for the offense;

7. DISMISSAL: The person was charged with one or more misdemeanor or felony crimes, all charges have been dismissed, the person has never been convicted of a felony, no misdemeanor or felony charges are pending against the person, 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 category shall not apply to charges that have been dismissed following the completion of a deferred judgment or delayed sentence;

8. MISDEMEANOR DEFERRED SENTENCE: The person was charged with a misdemeanor, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, the person has never been convicted of a felony, no misdemeanor or felony charges are pending against the person, and at least one (1) year has passed since the charge was dismissed;

9. NON-VIOLENT FELONY DEFERRED SENTENCE: The person was charged with a nonviolent felony offense, not listed 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, the person has never been convicted of a felony, no misdemeanor or felony charges are pending against the person, and at least five (5) years have passed since the charge was dismissed;

10. MISDEMEANOR CONVICTION FINED UNDER $501: The person was convicted of a misdemeanor offense, the person was sentenced to a fine of less than Five Hundred One Dollars ($501.00) without a term of imprisonment or a suspended sentence, the fine has been paid or satisfied by time served in lieu of the fine, the person has not been convicted of a felony, and no felony or misdemeanor charges are pending against the person;

11. MISDEMEANOR CONVICTION IN PRISON OR SUSPENDED & FINED OVER $500: The person was convicted of a misdemeanor offense, the person was sentenced to a term of imprisonment, a suspended sentence or a fine in an amount greater than Five Hundred Dollars ($500.00), the person has not been convicted of a felony, no felony or misdemeanor charges are pending against the person, and at least five (5) years have passed since the end of the last misdemeanor sentence;

12. NON-VIOLENT FELONY CONVICTION OR SUSPENDED SENTENCE: The person was convicted of a nonviolent felony offense, not listed in Section 571 of Title 57 of the Oklahoma Statutes, the person has received a full pardon for the offense, the person has not been convicted of any other felony, the person has not been convicted of a separate misdemeanor in the last fifteen (15) years, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the conviction;

13. TWO NON-VIOLENT FELONY CONVICTIONS: The person was convicted of not more than two nonviolent felony offenses, not listed in Section 571 of Title 57 of the Oklahoma Statutes, the person has received a full pardon for both of the nonviolent felony offenses, no felony or misdemeanor charges are pending against the person, and at least twenty (20) years have passed since the last misdemeanor or felony conviction

14. MISTAKEN IDENTITY/IDENTITY THEFT: The person has been charged or arrested or is the subject of an arrest warrant for a crime that was committed by another person who has appropriated or used the person’s name or other identification without the person’s consent or authorization.

For purposes of Section 18, “expungement” shall mean the sealing of criminal records. For purposes of seeking an expungement under the provisions of paragraph 10, 11, 12 or 13 of subsection A of this section, offenses arising out of the same transaction or occurrence shall be treated as one conviction and offense. Records expunged pursuant to paragraphs 8, 9, 10, 11, 12, 13 and 14 of subsection A of this section shall be sealed to the public but not to law enforcement agencies for law enforcement purposes. Records expunged pursuant to paragraphs 8, 9, 10, 11, 12 and 13 of subsection A of this section shall be admissible in any subsequent criminal prosecution to prove the existence of a prior conviction or prior deferred judgment without the necessity of a court order requesting the unsealing of the records. Records expunged pursuant to paragraph 4, 6, 12 or 13 of subsection A of this section may also include the sealing of Pardon and Parole Board records related to an application for a pardon. Such records shall be sealed to the public but not to the Pardon and Parole Board.

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