My Deferred Case is Complete. Now What?
All scenarios have their own unique circumstances. However, Oklahoma law allows for expungement for both misdemeanors and felonies after completing a deferred sentence. The judge may have accepted a deferred sentencing arrangement for your case. However, both the arrest and case record remain public record after completing probation or the period of deferred sentencing. Since a deferred case is not a conviction, you should qualify for expungement.
Misdemeanor Expungements 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 Deferred Felony Conviction?
To qualify for expungement of your Oklahoma felony deferred sentence, the crime must be a non-violent felony. You must have successfully completed the terms of the plea agreement. You cannot have other felony convictions. No misdemeanor or felony can be pending, AND five (5) years must have passed since the plea was withdrawn and the case was dismissed.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.