Expungement of Criminal Records in Oklahoma. What may seem like a minor brush with the law can have a long term negative impact on your life - affecting employability and restricting opportunities due to a failed background check. After any arrest, it is crucial that you contact an experienced attorney right away to lay the groundwork for an outcome with minimal impact on your future. Often an arrest alone (whether or not any charges are subsequently filed) will result in the formation of a criminal arrest record. If no action is taken, the details of the arrest may appear on a routine background check.
An expungement is the process of petitioning the Court for the sealing of all or any part of a criminal arrest record. A successful expungement may restrict or eliminate the arrest information accessible to the public and appearing on a background check.
Who has record of the arrest?
The arresting agency will have record of the arrest. If booked in to a detention center, the facility and affiliated sheriff's department (if any) will have record of the arrest. If criminal charges result from the arrest, the Court and prosecuting entity will also possess records. Depending on the practices of the agencies involved, the arrest will most likely be reported to the Oklahoma State Bureau of Investigation.
The Open Records Act specifically states that law enforcement agencies are to make certain records available to the public, including: identifying information about the arrestee, conviction information , facts of the arrest and related reports. It is now easier than ever for members of the public to access this information, as most of it is available online at either www.OSCN.net or www.ODCR.com.
The case was dismissed, the Defendant was found not guilty, the Defendant received probation and/or no conviction resulted from the arrest.
Is an expungement still necessary to seal the record from public access?
In most cases, yes. Usually once a criminal arrest record exists, action must be taken to expunge, or "seal," the record, regardless of the outcome of the arrest. Learn more about expungements by visting the expungement page on our site at http://www.nedwicklaw.com/Criminal-Defense/Expungement-of-Criminal-Records.shtml
Every matter is different and the degree of relief provided by an expungement will vary from case to case. Not all arrests may be expunged. An attorney licensed in the state of Oklahoma should be consulted about the expungement process in this state.
Information furnished courtesy of The Law Offices of Keith J. Nedwick in Norman, Oklahoma. www.NedwickLaw.com
