There is a difference between an expungement and pardon in Oklahoma. If you have a criminal record in Oklahoma, you should consider how to clear your name from criminal records and get a new start. Two common ways to accomplish this in Oklahoma are expungement and a governor’s pardon, but its important to understand the difference between the two. By understanding the difference between an expungement and pardon you can choose the option that best fits your particular criminal record.

What Is an Expungement in Oklahoma?

An expungement is a legal process that allows a person to seal or erase their criminal record under certain conditions. There are two different types of expungements with two different outcomes. If the Judge in the County where the criminal record grants the expungement your criminal record may be sealed. This includes employers, landlords, and most government agencies—from accessing the record. In Oklahoma the two different types of expungements include Section 18 and Section 991(c) expungements.

Purpose of an Expungement

• Seals the Record: Once an expungement is granted, the record is no longer publicly accessible. In most cases, you can legally state that the arrest or conviction never occurred.
• Eligibility Requirements: Not all convictions qualify for expungement. Eligibility depends on factors such as the severity of the offense, time elapsed since the conviction, and whether you have completed all sentencing requirements.
• Does Not Restore Gun Rights: While an expungement can help clear your record, it does not automatically restore your firearm rights if they were revoked due to a felony conviction.

How Do I Qualify for an Expungement?

Oklahoma law allows for expungement of:

• Non-violent felony convictions after five years (if no other felony convictions exist). The key is that the crime is not violent in nature as defined by the Oklahoma expungement statute.
• Misdemeanor convictions after one year (if fines and probation are complete). There is a limit to the number of misdemeanors and how far apart each one is from the other.
• Arrest records where charges were dismissed or resulted in acquittal. For dismissed charges the statue of limitations must have run on the dismissed case.
• Deferred sentences after successful completion of probation. This complexation includes all fines and costs as well as any other financial terms of the probation.

What Is a Governor’s Pardon in Oklahoma?

A governor’s pardon is an official act of forgiveness granted by the Governor of Oklahoma. A pardon does not erase a conviction but instead serves as a formal statement of rehabilitation. It can help individuals regain certain civil rights, such as gun ownership, that may have been lost due to a conviction.

Purpose of a Governor’s Pardon

• Does Not Erase a Conviction: Unlike an expungement, a pardon does not remove the conviction from your record. The conviction remains visible but is marked as “pardoned.”
• Restores Some Civil Rights: A pardon can restore rights such as the ability to own firearms (if specifically included in the pardon), serve on a jury, or hold certain professional licenses.
• Difficult to Obtain: Pardons are granted at the governor’s discretion after a rigorous review by the Oklahoma Pardon and Parole Board. The process can take months or even years.

How Do I Qualify for a Pardon?

To be eligible for a pardon in Oklahoma, you must:

• Have completed your sentence, including probation or parole.
• Have no pending charges.
• Show evidence of rehabilitation and good moral character.

Which Option Is Right for You?

If you are looking to completely erase a conviction or arrest from your record, a Section 18 expungement is the best option. This is particularly important for job seekers, as expunged records do not appear on background checks. This expungement seals every record in including the jail record, the arrest record and the record you find on the Oklahoma Supreme Court on-line network.

If you cannot get an expungement due to the nature of your conviction or because the statutory time for an expungement has not run but still want to regain civil rights, a governor’s pardon may be a better option.

Should I Get Both an Expungement and Pardon?

Yes. If you obtain a governor’s pardon, you may later be eligible for an expungement under certain conditions. However, a pardon does not automatically grant an expungement. You must still meet Oklahoma’s legal criteria for expungement separately.

Talk To an Expungement and Pardon Attorney Near You

The difference between an Expungement and Pardon in Oklahoma County isn’t as simple as it might appear. Not only are they serving different purposes but both of them have different requirements. Its never a once size fits all but rather a case by case look at the crimes, when they occurred and where they occurred. For a Free and confidential consolation with an Oklahoma City expungement attorney call the Kania Law Office – OKC attorneys at 405-367-8710. If you like you can ask a free online legal question by following this link.