It has been a while since we have looked at Oklahoma expungement laws, but the question of how to clear a criminal record is one that frequently arises. For many people, an arrest record or conviction can complicate things for years following the incident. It may be difficult to find a job, to get a loan, or even to find housing when a background check comes back less than spotless.
So can you clear your criminal record in Oklahoma? In many cases, yes; however, the process of doing so differs depending on the circumstances of your case.
First, let's look at how to seal the record of a deferred sentence, since this is one of the most common types of expungement in the state.
A deferred sentence typically allows a defendant to avoid jail and conviction, serving probation instead. This is often used for first offenders and minor offenses. In this case, the defendant would plead guilty to the charge, but the judge delays--or defers--judgement and sentencing. Instead, the judge will order probation. If the defendant fails to comply with the terms of probation, the judge accelerates sentencing, the defendant is convicted, and he or she goes to jail. If the defendant successfully completes probation, though, the plea is changed to "not guilty," and the judge dismisses the charge. The defendant's name may then be sealed from court records according to the procedure found in 22 O.S. 991c. Expungement of a deferred sentence is sometimes known as a 991c expungement.
Although the 991c expungement can give some relief, it is not as thorough as a "full expungement" described in 22 O.S. 18/19. This type of expungement not only affects the court record, but also the OSBI arrest record related to the incident. Although a Section 18/19 expungement is typically more preferable, the eligibility requirements are more difficult. In order to qualify for full expungement, one or more of the following criteria must be met:
1. The person has been acquitted;
2. 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 prosecuting agency subsequently dismissed the charge;
3. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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 felony conviction;
13. 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; or
14. 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.
Violent felonies, defined in 57 O.S. 571, are not eligible for expungement. These remain on a person's criminal record.
If you believe you may qualify for expungement of your criminal record, contact attorney Ryan Coventon to learn how to clear your criminal record.
