When a defendant is charged with a crime in Oklahoma, it is either a felony or misdemeanor. If the defendant pleads guilty, they are placed on probation. Once probation is complete, the case is dismissed. However, just because the initial plea was guilty, this does not mean an automatic conviction. A deferred sentence means that sentencing is past to the end of the probationary period. This gives time to complete rehab, public service, classes, and/or pay fines as ordered by the court. If all of this is completed without picking up any new charges, the result is a dismissal without conviction. However, a sentence can be deferred for up to 10 years in the State of Oklahoma.
Anyone previously convicted of a felony, or received a deferred sentence on a felony case within 10 years of the most recent offense is not eligible for a deferred sentence. Also, anyone that has plead guilty to a sex offense or is on the Oklahoma sex offenders registration is ineligible. There is no waiver for this.
There may be many requirements to complete a deferred sentence. All fees including attorney fees, court fees, and reimbursement to the victim of the crime must be paid. All community service hours must be complete, and any ordered classes must be taken and completed. Even with all of this, a deferred sentence is one of the best possible outcomes you can get next to a dismissal.
While there are still many qualifications that must be met in order to get an expungement, the short answer is yes. Once all conditions are met, an application for expungement may be filed. If you are looking to erase your criminal history in Oklahoma, call the experts at Bury Your Past today, or send us a message here.