Is a Deferred Sentence Considered a Conviction?
Since November 2016, a person who successfully completed a deferred sentence may be eligible to fully seal their arrest record. This applies to all misdemeanors and non-violent felonies. A deferred conviction only becomes a full conviction if there is a probation violation. Read on to learn how to follow through and have your deferred sentence dismissed AND EXPUNGED.
What is a deferred sentence in Oklahoma?
A deferred case or sentence was never a conviction. You have not received a criminal sentence. If you pled guilty or no contest and the judge deferred sentencing, you do not have a conviction. The case was deferred. In Oklahoma, a person must be sentenced before there is a conviction. Therefore, because sentencing was deferred to a future date, there was no “conviction” at the time of the plea.
If you successfully complete a deferred sentence, we have two options available to SEAL YOUR ARREST RECORD: (1) Section 991c expungement, or (2) Section 18 expungement if you meet certain new criteria. If the State filed an application to accelerate or revoke, you may not be eligible under Section 991.
So long as you successfully completed the Oklahoma deferred sentence (meaning avoided any further trouble with the law, paid all costs and paid all fines, completed community service, passed drug tests, and fully complied with all other probation requirements), then we can guarantee a Section 991 expungement. Note, however, that this only seals the courthouse file. A Section 991 expungement will NOT seal your arrest record with the police or the OSBI. A deferred sentence WILL SHOW UP on a background check.
A Section 991 expungement is still valuable because it seals the court file. That means it is not searchable on www.oscn.net or www.odcr.com. Employers frequently check these free websites or perform background checks on employees. Therefore, sealing an arrest record can be vital to your continued or new employment.
Can I Expunge a Misdemeanor After Deferred Sentencing?
To qualify for an expungement of your deferred misdemeanor in Oklahoma, you must complete the terms of your deferred sentence. You cannot have a felony conviction (exceptions for deferred felonies). You cannot have any pending charges and one (1) year must pass since the Court withdrew the plea and dismissed your case. In other words, you would not be eligible until at least one (1) year after completion of your probation.
Can I Expunge a Felony Deferred Case?
To qualify for expungement of your Oklahoma felony deferred case or sentence, the crime must be a non-violent felony. You must have successfully completed the terms of the plea agreement. You cannot have a felony conviction. No misdemeanor or felony can be pending, AND five (5) years must have passed since the plea was withdrawn and the case was dismissed. In other words, you would not be eligible until at least five (5) years after completion of your probation. Click here for a list of violent felonies. If your crime is on the violent felony list, you likely cannot qualify for expungement.
Unlike Section 991, expungement under Section 18 is always discretionary to the court. We will show the court how sealing your record and protect your right to privacy. What is the standard for an expungement? Your right to privacy trumps public’s right to know. For more information on Oklahoma deferred sentence laws, contact our firm at 918-409-0417.
What Does It Cost to Get An Expungement In Oklahoma?
We charge a “flat” or “fixed” fee for all Section 991 expungements. That means only one fee for the entire process. For some of the 14 different types of Section 18 expungements, there is a “flat” or “fixed” fee. For the others, we have to evaluate on a case-by-case basis.
Our firm does work with clients to provide payment plans, please inquire by calling our office.