On November 1, 2014, Oklahoma is again amending its expungement laws. They now provide extra relief for what types of crimes can receive expungement from an individual’s criminal record. Under Oklahoma criminal law several types of Tulsa County expungement exist. The two most common or deferred action expungements, sometimes called a section 991 expungement; and a complete expungement, also called a section 18 expungement. It is important to note that not all expungements are equal nor provide the same relief.
Deferred Expungement Tulsa County:
Deferred action is when the court will withhold a finding a guilt upon a part. This is as long as they enter a guilty plea and agree to pay fines and costs, as well as go through probation for a determined length of time. Section 991 expungement occurs after an individual completes their probation associated with a deferred action associated with a guilty plea. If a individual successfully completes their probation, then the charge shows as dismissed on background checks. Certain documentation strikes from the record, but arrest records will still be available upon a background search.
Oklahoma Section 18 Expungement:
A section 18 expungement is a complete clearing of the criminal record, including sealing the arrest record. In order to have a criminal matter complete expunged from your record, the following must apply:
- You received an acquittal on the charge; or
- The conviction reverses with instructions to dismiss by an appellate court of competent jurisdiction, or an appellate court of competent jurisdiction reverses the conviction and the district attorney subsequently dismisses the charge; or
- Factual innocence re-establishes by the use of deoxyribonucleic acid (DNA) evidence after the conviction; or
- You receive a full pardon on the basis of a written finding by the Governor of actual innocence for the crime for which you receive the sentence; or
- You are under arrest and no charges of any type, including charges for an offense different than that for your original arrest, file and the statute of limitations expires or the prosecuting agency declines to file charges; or
- You were under eighteen (18) years of age at the time of the commission of the offense and you receive a full pardon for the offense; or
- You were charged with one or more misdemeanor or felony crimes, all charges have been dismissed, you were never been convicted of a felony, no misdemeanor or felony charges are pending against you, 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 (this doesn’t apply to charges that have been dismissed following the completion of a deferred judgment or delayed sentence); or
- You were charged with a misdemeanor, the charge has been dismissed following the successful completion of a deferred sentence, you have never been convicted of a misdemeanor or felony, no misdemeanor or felony charges are pending against you, and at least one (1) year has passed since the charge was dismissed; or
- You were charged with a nonviolent felony offense, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, you have never been convicted of a misdemeanor or felony, no misdemeanor or felony charges are pending against the person, and at least ten (10) years have passed since the charge was dismissed; or
- You receive a misdemeanor conviction, you have no felony convictions, no felony or misdemeanor charges are pending against you, and at least ten (10) years elapse since the end of the last misdemeanor sentence; or
- You were convicted of a nonviolent felony offense, you have received a full pardon for the offense, you have not been convicted of any other felony, you have not been convicted of a separate misdemeanor in the last fifteen (15) years, no felony or misdemeanor charges are pending against you, and at least ten (10) years have passed since the felony conviction; or
- You receive charges or arrest or are the subject of an arrest warrant for a crime of another person who used your name or other identification without the your consent or authorization.
As you can see there are several situations that allow for the complete expungement of a criminal record. The most important change in this years amendment is that now the felony conviction can also receive expungement. Prior to this change, if an individual had more than one criminal conviction an expungement would be unavailable.
While it may seem that expungement process is simple, that is far from true. Several notice requirements must occur. First, a hearing needs scheduling. Further, if part of the request for relief involves a pardon, the pardon itself must be complete prior to asking for a Tulsa County expungement.
Contact an Expungement Attorney in Tulsa, Oklahoma
If you have questions regarding an Oklahoma criminal record expungement or a pardon we can help. Contact our Criminal lawyers and talk with a Tulsa County expungement attorney.