To expunge a protective order means removing it from your public record, essentially “sealing” the record so it does not appear on background checks. In Oklahoma, individuals have the ability to seek to expunge a protective order under certain conditions. While it’s possible, the exact eligibility and requirements vary based on the circumstances of the case.
Understanding Protective Orders and Expungement
A protective order is a court-issued order intended to protect individuals from harassment, abuse, or threats. Protective orders can be issued for domestic violence, stalking, harassment, or other situations where an individual’s safety is at risk. Protective orders remain on public records, and their presence can have lasting effects on employment, housing, and reputation. Expunging the record can help individuals move forward without the stigma of a past protective order.
Eligibility for Expunging a Protective Order
Oklahoma allows the expungement of certain protective orders, but eligibility depends on meeting specific criteria. If the court dismissed stalking allegation or the protective order or the petitioner withdrew it, you may be eligible to file for expungement. Dismissal indicates that the court found no evidence of threat or harm, which supports removing the order from public record.
You may be eligible for expungement if a protective order expires without renewal or extension. Typically, a protective order lasts for a specified period, often one to five years, unless otherwise extended. If you have had no further protective orders filed against you, this strengthens your expungement case.
If you faced criminal charges relating to the protective order, including violations of said order, and were acquitted or the charges were dropped, this outcome can support your request to expunge the protective order. In some cases, the individual who filed the protective order (the petitioner) may agree to have the record expunged. While not always necessary, mutual consent can strengthen your expungement application.
Factors Courts Consider for Expungement
When deciding whether to grant expungement, Oklahoma courts consider several factors, including:
- Nature: Courts are more likely to grant expungement for protective orders based on minor allegations, especially if they were dismissed. However, orders based on severe or repeated allegations of violence or stalking may be harder to expunge.
- Time: Courts generally prefer for a significant amount of time to pass since issuing or dismissing the protective order. Demonstrating a period of lawful behavior can support your application.
- Impact on Public Interest: The court will consider whether expunging the order serves the public interest. If a history of violence or other risk factors is part of the protective order, the court may deny expungement to protect public safety.
While these are some of the most common factors, the court may also look at any others it sees fit. Working with an expungement attorneys throughout the process can help you get the best outcome possible for your situation.
How to File for Expungement of a Protective Order
If you meet the eligibility requirements, the next step is to file a petition for expungement with the court. Here’s an overview of the process:
- File a Petition: Begin by filing a formal petition with the court that issued the original protective order. The petition should outline the reasons for expungement, detailing how you meet the eligibility requirements.
- Provide Supporting Evidence: Include any evidence that supports your expungement case. This can include proof of dismissal, a letter of support from the petitioner, or records of lawful behavior since the order.
- Attend a Court Hearing: You may have to attend a hearing, where you or your attorney can present arguments in favor of expungement. The judge will assess whether your case meets Oklahoma’s legal standards for expungement.
If the court grants expungement, it seals the protective order from public records, so it won’t appear on standard background checks. This also allows you to answer “no” to questions about protective orders on job applications, housing applications, and other background checks. However, expunged records may still be accessible to certain government agencies or law enforcement if needed for legal or investigative purposes.
Tulsa Expungement Attorneys
Expunging a protective order in Oklahoma can help restore your public record, but it requires meeting specific eligibility criteria, including dismissal of the order, expiration without renewal, or mutual agreement. Filing a successful expungement petition involves demonstrating that the expungement serves the public interest and presenting a strong case with supporting evidence. If you’re considering expunging a protective order, consulting an attorney can help you navigate the process and improve your chances of success.
Our team here at Tulsa County Lawyers Group will guide you through the process of expunging a protective order. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.
