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Do I qualify for an Expungement under Oklahoma Law?

Many people ask the question of whether or not they qualify for an expungement under Oklahoma law. If the charge that you are seeking to expunge is an Oklahoma state or a municipal charge filed in a municipal court in the state of Oklahoma than this page should help you determine whether or not you qualify for an expungement. If you are seeking to expunge a Federal charge this page will not help you make that determination.


If you do qualify for an expungement and the expungement is in Tulsa or Rogers County Kevin Adams will file the expungement for $1,000. (Your responsible for paying the filing fee.) You can either call Mr. Adams at 918 582 1313 or contact him by email. (If you are contacting Mr. Adams about an expungement please note which question below that you answered yes to.)


Answer the following questions.


1. Were you acquitted of the charge you are trying to expunge? If Yes than you can expunge that charge. (See Title 22 O.S. §18 (1)) If no go to next question.


2. Was your conviction for the charge you are attempting to expunge reversed by an appellate court and the charges then dismissed? If Yes than you do qualify for an expungement. (See Title 22 O.S. §18 (2)) If no than go to the next question.


3. Has your factual innocence to the charge you are attempting to expunge been established by the use of DNA? If yes than you qualify for an expungement. (See Title 22 O.S. §18 (3)). If  no than go to the next question.


4. Have you received a full pardon based upon actual innocence for the crime you are attempting to expunge? If yes than you qualify for an expungement. (See Title 22 O.S. §18 (4)). If no go to the next question.


5. Are you attempting to expunge an arrest that no charges of any type were filed against, including charges for something different that what you were arrested for? If yes you qualify for an expungement. (See Title 22 O.S. §18 (5)).  If no go to the next question.


6. Are you attempting to expunge a charge that was dismissed within 1 year of the arrest? If yes than you qualify for an expungement. (See Title 22 O.S. §18 (5)). If no go to the next question.


7. Are you attempting to expunge a charge that was dismissed upon the merits? If so than you qualify for an expungement. (See Title 22 O.S. §18 (5)). If no go to the next question.


8. Are you attempting to expunge an arrest that the statute of limitations has expired upon and no charges were filed? If yes than you qualify for an expungement. (See Title 22 O.S. §18 (6)). If no go to the next question.


9. Are you attempting to expunge a charge that you committed when you were under 18 years of age and that you have received a full pardon for? If yes than you qualify for an expungement. (See Title 22 O.S. §18 (7)). If no go to the next question.


10. Are you attempting to expunge a misdemeanor charge that over 10 years has passed since its commission? If so you will qualify as long as you have not been convicted of any other misdemeanors or felonies and no misdemeanor or felony charges are currently pending. (See Title 22 O.S. § 18 (8)). If no got to the next question.


11. If the charge you are seeking to expunge is over 10 years old, the offense is a non-violent felony as defined by Title 57 O.S. §571, you have received a full pardon for the offense and you have not been convicted of any other felony or misdemeanor offenses and no felony or misdemeanor offenses are currently pending than you qualify for an expungement. (See Title 22 O.S. §18 (9)). If no go to the next question.


12.Is  the charge that you are attempting to expunge was committed by another person who has appropriated or used your name or other identification without your consent or authorization. If yes than you qualify for an expungement. (See Title 22 O.S. §18 (10)). If you answered no to all of these questions (questions 1-12) than you do not qualify for an expungement under Oklahoma law.

 

 

 

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Tulsa Criminal Defense Lawyer: Kevin D. Adams

Whether you need an attorney for Tulsa County, Rogers County, Pawnee County, Okmulgee County or Muskogee County, or City of Tulsa Municipal Court, feel free to Contact Kevin Adams.

Disclaimer: Kevin D. Adams only provides legal advice after having entered into an attorney client relationship, which this website specifically does not create. Only after having entered into a representation agreement with Kevin D. Adams will an attorney-client relationship have been created. It is imperative that any action taken by you should be done on advice of legal counsel.* Because every case is different, the descriptions of outcomes and cases previously handled are not meant to be a guarantee of success.

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