Felonies eligible for expungement will vary based on the severity. Oklahoma law allows for the expungement of certain felonies under very specific conditions. Having a felony conviction on your record can severely limit your opportunities, affecting your ability to find employment, secure housing, and restore certain civil rights. Expungement effectively erases the conviction from public view, giving individuals the chance for a fresh start. Understanding which felonies are eligible for expungement and the legal process involved can help determine if you qualify.
What Is Expungement?
Expungement seals a person’s criminal record from public access. Although law enforcement and certain governmental agencies can still view the record, it is removed from public databases, making it unavailable to employers, landlords, and others who may conduct background checks. Essentially, this makes it like none of it happened.
In Oklahoma, there are different types of expungement. For example Section 18 Expungement, which seals all records, including court documents and arrest records, from public access, and Section 991(c) Expungement, which applies to deferred sentences and results in the removal of the plea. Thus, this makes the case dismissed without a conviction while keeping arrest records available to the public. There are also specific expungements for protective orders. These allow the petitioner of the protective order to testify on if they approve it or not.
Eligible Felonies for Expungement
Certain non-violent felonies are eligible for expungement under Oklahoma law after a specified period. Nonviolent felonies are crimes that do not involve physical harm or the threat of harm to another person, such as drug possession and fraud. To qualify, five years must have passed since the completion of the sentence, including any parole or probation. Additionally, the individual must avoid any convictions during this period and fully pay any costs associated with the case.
Non-violent felony convictions resulting from deferred sentences may also be eligible for expungement. In a deferred sentence, the court postpones a conviction for a specific period under certain conditions, usually probation, and dismisses the case upon successful completion. To qualify for the expungement of a deferred felony sentence, the individual must complete the deferred sentence with two years passing and have no other convictions or pending charges.
For certain felonies, expungement may also be possible if the individual has received a pardon from the Governor of Oklahoma. A pardon forgives the conviction, though it does not erase it from the record. After receiving a pardon, the individual may file for expungement if ten years have passed since completing the sentence, they have no other convictions during that period, and the crime in question was nonviolent.
If the court dismisses felony charges or finds the individual not guilty at trial, they become eligible for expungement immediately. This allows for the filing of an expungement of the arrest and court records associated with the case.
Ineligible Felonies for Expungement
Certain violent felonies, or those involving serious harm to others, aren’t eligible for expungement. These ineligible felonies include murder or manslaughter, rape or sexual assault, child abuse or neglect, armed robbery, kidnapping, felonies involving a deadly weapon, and terrorism-related crimes. Oklahoma law considers these offenses too serious to be removed from the public record. Further, expungements are limited to 2 felony convictions per offender. This means that the court will likely deny you if you seek more that 2 felonies to be expunged. They do this to decrease the chances of recidivism and to make sure that you are truly taking steps to better your life. Expungements are not get out of jail free cards.
The Expungement Process
The expungement process in Oklahoma generally involves filing a petition in the district court where the conviction occurred. The petition must include details about the conviction and the grounds for expungement. Law enforcement agencies and other relevant parties must be notified of the expungement request, and they may object. It’s imperative to know that an expungement is not a guaranteed right, but something that is given willingly by the court.
The court schedules a hearing where the judge reviews the petition, considers any objections, and determines whether to grant the expungement. If the court grants the expungement, it issues an order sealing the records, and the individual must serve this order to all relevant agencies.
Oklahoma City Expungement Attorneys
Expungement offers individuals with felony convictions in Oklahoma an opportunity to clear their criminal records and move forward. However, not all felonies are eligible, and the process can be complex. Nonviolent felonies, deferred sentences, and pardoned felonies may qualify, but violent felonies like murder or sexual assault are generally excluded.
If you believe you are eligible for expungement, consulting with an experienced attorney is essential, as they can help you navigate the legal process, file the necessary paperwork, and present your case in court to maximize your chances of successfully sealing your record. Our expungement attorneys at OKC Attorneys can help. Call us today at 405-367-8710 or ask a question online.
