An expungement can provide powerful relief for individuals seeking to move forward after an arrest or conviction. In Oklahoma, expungement laws allow certain criminal records to be sealed from public view under specific circumstances. However, not all expungements are the same. Oklahoma law provides several different types of record sealing, each with its own eligibility requirements and procedures. Understanding the differences is critical before filing.
Section 18 Expungements (Full Record Sealing)
The most comprehensive form of expungement in Oklahoma is commonly referred to as a Section 18 expungement, based on the governing statute.
A Section 18 expungement allows the sealing of court records, law enforcement records, and other related public records. Once granted, the case is removed from public access, and the individual may lawfully state that the arrest or case did not occur in most circumstances.
Eligibility depends on the outcome of the case and the passage of time. Common qualifying situations include:
- Charges that were dismissed
- Acquittals (not guilty verdicts)
- Successful completion of deferred sentences (after required waiting periods)
- Certain misdemeanor convictions after a statutory waiting period
- Pardoned felony convictions
Not all felonies qualify, and violent offenses are often excluded.
Section 991(c) Expungements (Deferred Sentence Dismissals)
If a person received a deferred sentence and successfully completed probation, the court may dismiss the case under a statutory provision often referred to as 991(c).
This dismissal clears the conviction but does not automatically seal the record. The case remains publicly visible unless a separate Section 18 expungement is pursued.
Many people mistakenly believe completion of a deferred sentence erases the record—it does not without further action.
Juvenile Record Expungements
Oklahoma law provides separate procedures for sealing juvenile records.
Juvenile expungements are governed by different statutory standards and may be available after certain time periods, depending on the offense and subsequent conduct.
Sealing juvenile records can significantly improve educational and employment opportunities.
Victims of Identity Theft
Individuals who were wrongfully arrested or charged due to identity theft may seek expungement upon showing that they were not the person responsible for the offense.
These cases require documentation proving mistaken identity.
Expungement After a Pardon
If a felony conviction has been pardoned by the Governor, the individual may become eligible for a Section 18 expungement.
A pardon does not automatically seal the record, but it can open the door to eligibility that would otherwise not exist.
Partial vs. Complete Record Sealing
It is important to understand that expungement in Oklahoma typically means sealing, not destruction, of records.
Once sealed, the records are not accessible to the general public but may still be available to law enforcement or for certain licensing or security purposes.
The relief is substantial, but not absolute.
Waiting Periods and Eligibility Limits
Expungement eligibility often depends on:
- The type of offense
- Whether the case was dismissed or resulted in conviction
- The amount of time since completion of sentence
- Whether additional convictions exist
Multiple convictions can affect eligibility, and some offenses are categorically excluded.
Because the statutory framework is detailed, careful review of criminal history is essential before filing.
The Expungement Process
A Section 18 expungement requires filing a petition in the appropriate Oklahoma district court. Notice must be provided to prosecutors and law enforcement agencies, and a hearing is typically held.
The court balances the individual’s privacy interest against the public’s interest in maintaining access to the record.
Judges have discretion, even when eligibility requirements are met.
Tulsa Expungement Attorneys
Oklahoma offers several expungement options, including full record sealing under Section 18, deferred sentence dismissals under 991(c), juvenile record expungements, and expungements following a pardon. Each option carries specific requirements and limitations. Get a Free consultation from a Tulsa County Lawyers Group expungement attorney by calling 918.379.4864. Or you can ask an online question by following this link.
