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Sealing of Criminal Records in Oklahoma

If you are trying to seal an Oklahoma arrest or criminal case on your record, you must qualify under Oklahoma's Expungements statute. In Oklahoma the Expungements statute can be found at Oklahoma Statute Title 22 Section 18. The Article below explains who qualifies for Expungements under Oklahoma's Expungements statute. On another page I explain the legal process of Obtaining an Expungements and give examples of Expungements forms.

Do I qualify for an Expungements in Oklahoma?

by Kevin D Adams, LawyerAdams@me.com

Expungements are purely a creation of statute, there is no Oklahoma or United States Constitutional Right to an Expungements. So in order to qualify for an Expungements you must qualify under the statute. The relevant statute is the statute that is in effect at the time that you are seeking the Expungements. Oklahoma modified its Expungements statute in 2014. The new law goes in effect on November 1, 2014. This article explains who qualifies for Expungements under Oklahoma's latest Expungements law.


Expungements for Individuals Whom Were Never Convicted

Expungements for Individuals With Deferred Sentences

Expungements for Individuals With Overturned Convictions

Expungements for Individuals With Convictions

Expungements for Individuals With Pardons


Expungements for Individuals Whom Were Never Convicted

The Oklahoma Expungements statute authorizes individuals that have never been convicted, to file for an Expungements in four (4) sceneries. These sceneries are as follows:

  1. The person has been acquitted. Title 22 O.S. Section 18 Paragraph (A)(1)

  2. The person was arrested and no charges of any type, including charges for an offense different than that for which the person was originally arrested, are filed and the statute of limitations has expired or the prosecuting agency has declined to file charges Title 22 O.S. Section 18 Paragraph (A)(5)

  3. The person was charged with one or more misdemeanor or felony crimes, all charges have been dismissed, the person has never been convicted of a felony, no misdemeanor or felony charges are pending against the person, and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled; provided, however, this category shall not apply to charges that have been dismissed following the completion of a deferred judgment or delayed sentence;Title 22 O.S. Section 18 Paragraph (A)(7)

  4. The person has been charged or arrested or is the subject of an arrest warrant for a crime that was committed by another person who has appropriated or used the person's name or other identification without the person's consent or authorization. Title 22 O.S. Section 18 Paragraph (A)(12)

Expungements for Individuals With Deferred Sentences

The Oklahoma Expungements statute authorizes individuals that have received a deferred sentence, to file for an Expungements in three (3) sceneries. These sceneries are as follows:

  1. The person was charged with one or more misdemeanor or felony crimes, all charges have been dismissed, the person has never been convicted of a felony, no misdemeanor or felony charges are pending against the person, and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled; provided, however, this category shall not apply to charges that have been dismissed following the completion of a deferred judgment or delayed sentence;Title 22 O.S. Section 18 Paragraph (A)(7)

  2. The person was charged with a misdemeanor, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, the person has never been convicted of a misdemeanor or felony, no misdemeanor or felony charges are pending against the person, and at least one (1) year has passed since the charge was dismissed;Title 22 O.S. Section 18 Paragraph (A)(8)

  3. The person was charged with a nonviolent felony offense, as set forth in Section 571 of Title 57 of the Oklahoma Statutes, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, the person has never been convicted of a misdemeanor or felony, no misdemeanor or felony charges are pending against the person, and at least ten (10) years have passed since the charge was dismissed;Title 22 O.S. Section 18 Paragraph (A)(9)

Expungements for Individuals With Overturned Convictions

The Oklahoma Expungements statute authorizes individuals that have an overturned conviction, to file for an Expungements in two (2) sceneries. These sceneries are as follows:

  1. The conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction, or an appellate court of competent jurisdiction reversed the conviction and the district attorney subsequently dismissed the charge;Title 22 O.S. Section 18 Paragraph (A)(2)

  2. The factual innocence of the person was established by the use of deoxyribonucleic acid (DNA) evidence subsequent to conviction, including a person who has been released from prison at the time innocence was established;Title 22 O.S. Section 18 Paragraph (A)(3)

Expungements for Individuals With convictions

The Oklahoma Expungements statute authorizes individuals that have a conviction, to file for an Expungements in two (2) sceneries. These sceneries are as follows:

  1. The person was convicted of a misdemeanor offense, the person has not been convicted a felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the end of the last misdemeanor sentence;Title 22 O.S. Section 18 Paragraph (A)(10)

  2. The person was convicted of a nonviolent felony offense, as defined in Section 571 of Title 57 of the Oklahoma Statutes, the person has received a full pardon for the offense, the person has not been convicted of any other felony, the person has not been convicted of a separate misdemeanor in the last fifteen (15) years, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the felony conviction; or Title 22 O.S. Section 18 Paragraph (A)(11).* If you are attempting to expunge a felony conviction you must first receive a pardon for the offense

Expungements for Individuals With Pardons

The Oklahoma Expungements statute authorizes individuals that have a received a pardon, to file for an Expungements in three (3) sceneries. These sceneries are as follows:

  1. The person has received a full pardon on the basis of a written finding by the Governor of actual innocence for the crime for which the claimant was sentenced;Title 22 O.S. Section 18 Paragraph (A)(4).

  2. The person was under eighteen (18) years of age at the time the offense was committed and the person has received a full pardon for the offense;Title 22 O.S. Section 18 Paragraph (A)(6).

  3. The person was convicted of a nonviolent felony offense, as defined in Section 571 of Title 57 of the Oklahoma Statutes, the person has received a full pardon for the offense, the person has not been convicted of any other felony, the person has not been convicted of a separate misdemeanor in the last fifteen (15) years, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the felony conviction; or Title 22 O.S. Section 18 Paragraph (A)(11).

Conclusion

If you believe you qualify for an Expungements under one of the above sceneries you should contact a lawyer experienced in Expungements to confirm that you are authorized to file a petition for Expungements under Oklahoma law. Read about How to file an Expungements in Oklahoma.

Kevin D Adams, Attorney at Law 210 W 12th Street Tulsa, Oklahoma 74119 Phone: 918 582 131