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Suspended Sentences and Convictions–Oklahoma Expungement Process
EXPUNGEMENT OF OKLAHOMA SUSPENDED SENTENCES AND PRISON TERMS
Suspended sentences and prison terms for non-violent offenses are “convictions” which may qualify for Oklahoma expungement under Section 18. The new law (November 1, 2016) changes the time required to wait to seek expungement.
Depending on your circumstances and assuming that (1) the crime of conviction is a misdemeanor or a non-violent felony, and (2) you don’t have more than one felony or misdemeanor conviction, Section 18 still allows for expungement. We simply have to review the facts and charges in your case to determine if you are eligible. You may even be eligible if you have two convictions over 20 years old. If eligible, you may need a pardon. Then we must file a petition in District Court suing the Custodian of Records for the arresting agency (i.e., the police), the County Sheriff, and the OSBI. If the parties agree to the petition for expungement (which often happens), no hearing will likely be required. If any required agency objects, then a judge will determine whether your right to privacy (a sealed record) is more important than the public’s right to know about your record.
If successful, your arrest record and court file will be expunged and not available for public inspection. In job or college applications and other pursuits, you may lawfully state that the matter “never happened” or you may lawfully omit disclosure of the event. Expungement causes the event to be treated as null and void – as if it never happened.
We charge a “flat” or “fixed” fee for most of the 14 different types of Section 18 expungements. That means that there is one fee for the entire process; however, there are court costs and OSBI fees that may still apply. For the other types of expungement under Section 18, we have to evaluate each situation on a case-by-case basis to determine the fee.
Contact us to see if you meet all the criteria.