You have made the decision to change your life by expunging your Oklahoma criminal record. Now you need to figure out if your case qualifies for expungement. And if so, can it be expunged now? Later this year? Or at another time in the future?
This blog post will help you out with these questions.
What type of criminal record you have, Misdemeanor or Felony?
In Oklahoma, there are two types of crimes: misdemeanors and felonies. Misdemeanor crimes are less serious crimes, such as marijuana possession and petty theft. Felonies are serious crimes that range from white collar crime such as embezzlement, to drug crimes, to burglary to violent crimes.
The definition of a misdemeanor is a crime that carries a maximum sentence of one year or less; and a felony is a crime that carries a minimum sentence of one year or more.
The reason it is important to know whether your case was a misdemeanor or felony is because the eligibility to expunge your case greatly depends on whether it was a misdemeanor or felony.
Misdemeanor cases have a short time period that you have to wait before you can expunge. Felony cases generally require that at least five years have passed since the sentenced ended.
We’ve written detailed articles on how long it takes to expunge a misdemeanor, as well as felony case. You can read those articles and get a clear idea of how the expungement laws relate to your case. In order to save you time, here is an overview:
|Type of case:||Waiting Period|
|Arrested only (no charges were filed)||No waiting, expunge immediately|
|Arrested, charges filed in court, but case was dismissed||No wait time if prosecutor agrees, otherwise wait until statute of limitations has passed|
|Misdemeanor case, fine of $500 or less||No waiting, expunge immediately|
|Misdemeanor case, deferred sentence||Must wait 1 year from when probation ended|
|Misdemeanor case, suspended sentence||Must wait 5 years from when probation ended|
|Misdemeanor case, Jail time||Must wait 5 years from when jail sentence ended|
|Felony case, deferred sentence||Must wait 5 years from when probation ended|
|Felony case, suspended sentence||Must wait 5 years from when probation ended|
|Felony case, prison sentenced||Must wait 5 years from when jail sentence ended|
|Other||If you were acquitted at trial, or case reversed on appeal, then we can move to expunge immediately.|
You do not need to memorize this chart or figure this stuff out for yourself. All you need to do is send us an email and we will screen your case, free of charge, and let you know exactly how much it will cost and how long it will take.