Oklahoma City Criminal Defense Attorney  What Types of Criminal Cases Can Be Expunged in Oklahoma City?

expunged in Oklahoma CityHaving criminal files and records expunged in Oklahoma City is a valuable tool.

Expungement is a sealing of records that makes those records unavailable for public viewing. It allows you to close one chapter of your life and open a new chapter. Like bankruptcy, it allows you a fresh start in some ways.

The Oklahoma legislature recently passed laws to make it easier to seal or expunge certain crimes. The new laws shorten, and in some cases eliminate, the waiting time between the completion of a sentence or deferred sentence and the time you may file a petition to have records sealed.

However, not every conviction is eligible to be expunged in Oklahoma.

Conditions for an Oklahoma City Expungement

Non-violent crimes are eligible for expungement in Oklahoma. The waiting time for eligibility has been shortened from 10 years to five years after you have completed a deferred judgment or delayed sentence. (Okla. Stat. tit 22 § 18) Five years may seem like a long time, but it used to be twice that long.

Non-violent felonies can vary quite a bit. In general, they do not involve the use or threat of force and they do not result in physical injury to the victim. They can include crimes against property such as larceny or fraud. They can also include what we often think of as white collar crimes such as identity theft.

While the list of violent crimes in Oklahoma is long, you can think of these crimes as all using force, threat of force, or resulting in physical injury. The list of violent crimes includes the following (Okla. Stat. tit 57 § 571(2)):

  • attempting to or actually killing someone
  • gravely injuring someone
  • any type of assault and battery
  • all kinds of child abuse and child sexual abuse
  • rape
  • kidnapping
  • robbery
  • some types of burglary and arson

Misdemeanors are Eligible for Expungement

Misdemeanors in Oklahoma City come in all types, just like felonies.

If you were convicted of a misdemeanor that required no jail time and your fine was less than $501, you may be able to file immediately.

You can file one year after completing a deferred judgment or suspended sentence on a misdemeanor charge.

However, if your misdemeanor required jail time or had a fine exceeding $500, you will have to wait five years. (Okla. Stat. tit.22 § 18)

Protective Orders Can Be Expunged in Oklahoma City

Protective orders, while sometimes needed, can have terrible long-term effects on your record. Thus, if you have had a protective order filed against you, there are ways to have it expunged in Oklahoma City.

The rules for expungement of a protective order are technical, but you may be eligible if a full hearing never occurred and sufficient time has passed, or if the original petition was denied, dismissed, or vacated and enough time has passed. (Okla. Stat. tit.22 § 60.18)

Additional Considerations

In order to obtain any expungement, you must file for expungement in the court where the records were originally filed. There are specific notice requirements for the filing of any Petition for Expungement, all of which must be observed for the expungement to be granted. It is best to have an experienced Oklahoma City expungement attorney help you.

Free Consultation: Oklahoma City Expungement Attorney

There is no cost or obligation for an initial consultation with our Oklahoma City expungement attorney. Call 405-588-4529 today to get answers to your questions.

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