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Explanation of Deferred in Oklahoma Criminal Law

The term deferred in Oklahoma criminal law refers to a type of sentence in both felony and misdemeanor cases. When a person receives a deferred sentence the judge excepts the defendants plea, but does not find th edefendant guilty, instead the judge "defers" the sentencing for a period of time during which the defendant is on probation. If the defendant complies with th eterms of probation when they return to court at the end of the probation the defendant is allowed to withdraw their plea and the case is dismissed and the court record is sealed up. The statutory basis for deferred sentences in Oklahoma state court can be found at Oklahoma Statutes Title 22 Section 991c.

You will hear people say that defendants receive an expungement with a deferred sentence, and while the statute uses that term it is a bit misleading. It is misleading because the only thing that is "expunged" is the court case, the arrest still shows up. I think it is more accurate to tell people that the "court record will be sealed" instead of using the word expunged. To have the arrest record sealed after the successful completion of a deferred sentence a person must go through the expungemnet process laid out in Oklahoma Statute Title 22 Section 18.

Learn more about types of felony sentences in Oklahoma

To find a Docket Sheet on OSCN

Return to the Oklahoma Criminal Law Guide

Kevin D Adams, Attorney at Law
417 West 7th Street, Suite 202 Tulsa, Oklahoma 74119
Phone: 918 582 1313