Expungements in Oklahoma City may seem challenging, but they don’t have to be. Many people make mistakes early in their lives that cost them legally. These are often offenses our clients will approach us with for help with an expungement. Expungements can help restore firearm rights, career opportunities, and even certain housing eligibility. If you have an interest in the possibility of expunging your past crimes, this article will explain the process and how we can help you.
Oklahoma City Expungements
Title 22 of the Oklahoma Statutes explains expungements: “For purposes of this act, “expungement” shall mean the sealing of criminal records, as well as any public civil record, involving actions brought by and against the State of Oklahoma arising from the same arrest, transaction or occurrence.” Most expungements fall under a Section 18 expungement, which refers to the statute section it falls under. An exception to this would be getting a protective order expunged, which has different rules. As a result, you can seal your criminal record. This will mean that the public, and notably potential employers, cannot see your past offense. However, for this to occur, a list of qualifications and prerequisites exist. You must meet many of these, but not all:
- You must receive a full pardon from the governor if the offense is a felony to fully restore your gun rights.
- The offense must either be a misdemeanor or a non-violent felony charge.
- Depending on the severity of the crime, you must wait between 5 and 20 years. Further, you must not have committed any other crimes, excluding traffic tickets.
- You cannot have more than 2 felonies expunged, unless you receive pardons for them.
- You were a victim of false impersonation and did not actually commit the offense.
- You are the subject of a DNA exoneration, or receive an acquittal, or you have already made a guilty plea and served your sentence.
- All court fees and fines, as well as victim restitution, must be at a zero balance.
Additionally, an expungement doesn’t automatically seal FBI records when it comes to felony offenses. For them to wipe your record, you must file for and receive a pardon. Your attorney will be able to help you understand exactly which of these requirements you need to meet.
The Benefits of Expungements
Expungements in Oklahoma City can benefit you in many different ways. The first way is employment opportunities. Some but not all employers require a background check when it comes to their potential employees. If you have a past conviction, this could reflect poorly on their consideration for hiring you. An expungement allow you to seal your records on the state level to keep the general public from seeing them. However, as previously noted this does not cover FBI records. A pardon from the governor of Oklahoma is the only way to properly seal those records.
Another benefit of expungements is helping your standing in the community. When they remove your case from OSCN, it means people can’t look up your past legal issues involving that case. It’s like the offense never happened at all. However, this is why you cannot expunge a violent felony case and only non-violent ones are up for consideration. It would be more of a detriment to the community to not be able to know about a violent offense that occurs here.
Legal Process of Expungements in Oklahoma City
The legal process can go relatively fast when getting an expungement. It requires you to get a background search from OSBI and petition the court for the expungement. Our office will do all of this for you as long as your provide us with the accurate information. Once your petition is filed, the court sets a hearing date for it. After this, the parties that will need to be notified are OSBI, the arresting agency, the Department of Corrections if applicable, and any other agency that had involvement in your charges. If everything is satisfactory, the court grants your expungement without any other need for a hearing date.
After you receive an expungement, you might consider wanting a pardon if it was a felony offense. This process takes a bit more time and documents on your part, but it very possible. Our office not only can do your expungement, but also your pardon if you need it. Having both of these options at your disposal can help you to move on from your past issues and open up new doors for you.
Oklahoma City Expungement Attorneys
Expungements in Oklahoma City can be a very important process, as they’re able to help you move on from prior convictions. An expungement can make it to where you don’t have to be haunted by your past for the rest of your life. The process takes effort on your part, but can be easy with the right legal counsel. Working with an expungement attorney will always be better for you. Our attorneys here will help you understand the exact criteria you’ll need to meet based on the crime you were convicted of. If you’re considering or pursuing an expungement, our expungement team at OKC Attorneys can help. Call us today at 405-367-8710 or ask a question online.
