Full Oklahoma Expungement and Pardon
Many people convicted of crimes in Oklahoma presume that once they have served their time and fulfilled the terms of their probation they can move on with their lives. The reality is that an Oklahoma criminal record can follow a person far
There are two separate processes available For an Oklahoma Expungement
for reducing the impact of a prior criminal arrest and/or conviction: (1) expungements and (2) pardons. While an expungement will make the criminal record unavailable to the public and employers, a pardon represents forgiveness of the offense but does not eliminate your criminal record. While there are multiple forms of expungement under Oklahoma law, we have focused on “full expungements in Oklahoma,” which are the most extensive form of sealing your criminal records.
It is important to understand that when attempting to seal a criminal record, there are multiple records that may be an issue if you have been arrested. These records including those from the arresting agency, court records, Oklahoma State Bureau of Investigation (OSBI) and Department of Corrections records. The type of records that are most often sought when an employer hires a third party to conduct a criminal background check is an OSBI criminal record search.
Full Oklahoma Expungement [22 Oklahoma Stat. §18/19]:
This is the most extensive form of record expungement so it also is usually the best option if you qualify. This form of expungement will eliminate arrest records and OSBI records. While the criminal records remain available to law enforcement in certain situations, they cannot be accessed by most employers or the public. If this form of expungement is granted, the offense is deemed not to have occurred so that you can truthfully tell employers that you have never been arrested or convicted of the expunged offense.
The Requirements to Receive an Oklahoma Expungement
- The applicant’s acquittal following trial.
- A reversal of the applicant’s conviction with directions to the trial court to dismiss or prosecutor election to dismiss the charges.
- The applicant was under 18 at the time of the offense and received a full pardon.
- DNA evidence following a conviction establishes factual innocence.
- The person seeking relief has never been convicted of a misdemeanor or felony and has no pending charges. However, this form of relief requires that the statute of limitations has expired or that the prosecutor has indicated that no charges will be filed. Eligibility under this provision may not be based on charges dismissed following a delayed sentence or deferred judgment.
- A full governor pardon is granted based on factual innocence.
- The applicant had a misdemeanor charge dismissed following deferred judgment or delayed sentence, and the applicant has no prior convictions or pending charges. There is a two-year waiting period for expungement following dismissal of charges under this provision.
- The same as the misdemeanor provision immediately above this, but it applies to certain non-violent felonies. The waiting period is ten years in this situation.
- Misdemeanor convictions may be expunged if there are no other convictions or pending charges after a ten-year waiting period.
- A non-violent felony conviction can be expunged after ten years if a full pardon is received, and the applicant has no other convictions or pending charges.
- The prosecutor elects not to file formal charges and statute of limitations has expired.
- An arrest was based on identity theft.
Contact a Tulsa Oklahoma Expungement Attorney
Kania Law Office’s criminal record clearing attorneys are committed to assisting those who have had arrests and/or convictions minimize the long-term impact of their criminal history. If you would like a free consultation so that we can assess your situation and advise you of your legal rights and options, we invite you to contact a Tulsa Oklahoma criminal defense lawyer from the Kania Law Office at (918) 743-2233 or fill out this form.
Tulsa Oklahoma Expungement Lawyers
http://www.kanialaw.com/criminal-defense-lawyers-tulsa-oklahoma/tulsa-oklahoma-record-expungement-attorney.htm
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