Oklahoma City Criminal Defense Attorney  Can an Oklahoma City Protective Order be Expunged?

Oklahoma City protective orderAn Oklahoma City protective order, sometimes called a restraining order, is often issued in a domestic setting. When home life becomes angry and violent, a domestic protective order can provide a much-needed cooling off period.

Sometimes one of the parties must move out of the home for a period of time. If a protective order is given on an emergency basis, it is effective for a short while until there can be a full hearing on the matter.

Sometimes the full hearing takes place; other times the matter may be resolved and the full hearing never takes place. This is when an Oklahoma City protective order expungement can be helpful.

An Oklahoma City Protective Order Stays on Your Criminal Record

Without an expungement, an Oklahoma City protective order will stay on your criminal record. This can have as many long-term effects as a criminal conviction.

When a restraining order in Oklahoma appears on your record and in a background check, it can be difficult to obtain employment and housing. It can also make new relationships more difficult.

You Can Expunge a Protective Order Under Certain Circumstances

A protective order expungement in Oklahoma City can be a very helpful tool in putting your past behind you. A petition for expungement is a formal document filed with the court. It must be carefully drafted, filed, and served upon all interested parties with sufficient notice for the hearing to take place and the order granted.

There are some situations in which you can seal or expunge an Oklahoma state-issued protective order.

1. A short-term protective order was issued, but it was terminated. This could be because the matter was dismissed before a full hearing was held on the issue, or because the petition was denied after a full hearing. It could also be that the person asking for the order failed to appear at the hearing. In all cases, at least 90 days have passed since the date set for the full hearing; or

2. The order has been vacated at either your request or at the request of the person who got the protective order, and three years have passed since the order to vacate was entered; or

3. One of the parties to the protective order has passed away. (Okla. Stat. tit.22 § 60.18)

You cannot expunge a protective order that was issued by the U.S. federal government.

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.

If you prefer, you may send your question using the contact form at the top right side of this page.