Expungement Lawyer Norman, Oklahoma
An expungement is the legal process that allows for the sealing of criminal arrest records. After any arrest, a record usually forms that will likely appear on a background check. Depending on the circumstances, an arrest record and details of a criminal charge may be expunged, or "sealed," pursuant to Oklahoma Law.
Expungement Following Completion of a Deferred Sentence
The most common type of expungement is pursuant to Oklahoma Statute Title 22 Section 991c. It allows for the expungement of a plea of guilt or no contest after the successful completion of a deferred sentence. Following an expungement pursuant to Section 991c, a Defendant may expect that all court information related to the case is no longer accessible to the public at the courthouse and information about the case is removed from websites such as the Oklahoma Supreme Court Network and Oklahoma District Court Records.
While a Section 991c expungement may seal an entire court record, it does not erase the record with respect to a Defendant's criminal history record with the FBI and Oklahoma State Bureau of Investigation (OSBI). Because OSBI records contain not only arrests, but also dispositions of those arrests, a Section 991c expungement will have no effect on a defendant's arrest information. It will, however, amend the disposition information reflected on the background report to state that the Defendant "pled not guilty, case dismissed." Therefore, this action does not fully remove the information from public access at all levels, but does provide relief and significantly reduces the availability of case related information.
Expungement of all Records, Including Arrest Records
The most complete expungement which ultimately permits a Defendant to state on applications and in interviews that no such action ever occurred is pursuant to Title 22 Section 18. Following the successful completion of this expungement, all agencies with any information regarding the arrest must seal their files and remove all information from public access. The action should be deemed to have never occurred and the Defendant may state that no action ever occurred and is not required to disclose information regarding the arrest to any potential employer or educational institution.
In order to qualify for the most complete expungement, persons authorized must be within one of the following categories:
- The person has been acquitted;
- The conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction, or an appellate court of competent jurisdiction reversed the conviction and the district attorney subsequently dismissed the charge;
- The factual innocence of the person was established by the use of deoxyribonucleic acid (DNA) evidence subsequent to conviction, including a person who has been released from prison a the time innocence was established;
- The person has received a full pardon on the basis of a written finding by the Governor of actual innocence for the crime for which the claimant was sentenced;
- The person was arrested and no charges of any type, including charges for an offense different than that for
- which the person was originally arrested are filed or charges are dismissed within one (1) year of the arrest, or all charges are dismissed on the merits;
- The statute of limitations on the offense had expired and no charges were filed;
- The person was under eighteen (18) years of age at the time the offense was committed and the person has received a full pardon for the offense;
- The offense was a misdemeanor, the person has not been convicted of any other misdemeanor or felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the judgment was entered;
- The offense was a nonviolent felony, as defined in Section 571 of Title 57 of the Oklahoma Statutes, the person has received a full pardon for the offense, the person has not been convicted of any other misdemeanor or felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the conviction; or
- The person has been charged or arrested or is the subject of an arrest warrant for a crime that was committed by another person who has appropriated or used the person's name or other identification without the person's consent or authorization.
For the purposes of this act, "expungement" shall mean the sealing of criminal records. Records expunged pursuant to paragraph 10 of this section shall be sealed to the public but not to law enforcement agencies for law enforcement purposes.
Contact the Law Offices of Keith J. Nedwick to discuss expungement eligibility. Mr. Nedwick is an experienced Oklahoma Expungement Attorney ready to advise you of your options and assist you with cleaning up your record.
