Expunge Felony records in Oklahoma

by | Expungement

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How Expungement works in Oklahoma

If you’ve been reading our site, then you know that an expungement is the official sealing of criminal records from public view.

The procedure involves hiring an attorney to file a civil petition against the State of Oklahoma, and by serving all law enforcement agencies which hold records relating to your arrest.

If you have had trouble getting a job or your career has been affected because of your past, you should speak to one of our expungement attorneys to discuss the possibility of burying your past. Once your case has been expunged, you can legally deny it ever happened.

Expunging Felony Cases in Oklahoma is now easier.

Up until Novel er 1, 2016, you could only expunge felony charges that ended in a deferred sentence, and only after TEN years had passed since the deferred sentence was complete. So if you got a five year deferred, then it would be a total of fifteen years.

Not anymore. The law is much better now. You only have to wait 5 years after a deferred sentence is completed.

In this blog post, we will break down the different types of expungement that apply to felony cases.

Here is a breakdown of all the different scenarios:

  • Arrested for a felony, but no charges filed
  • Arrested for a felony, charges filed, then dismissed
  • Arrested, Charged, and you pleaded guilty
    • Received a deferred sentence
    • Received a suspended sentence or served time
  • Went to trial on a felony
    • Acquitted
    • Convicted, but reversed on appeal
    • Convicted but Exonerated by DNA

Keep reading for details on how Oklahoma expungement laws apply to each of these scenarios.

How to Expunge: Felony “Arrest only” records

You were arrested on a felony charge, taken to jail and booked. However, the District Attorney decline to file charges and after you got out of jail, nothing further happened. What now?

Since charges were never filed, there will be no court case to expunge. However, there may be probable cause affidavits or search warrant files available on OSCN. Those can be expunged.

There is a good chance that your arrest record was sent to OSBI, since it was a felony arrest. Those records can be expunged.

All of these records can be expunged once the statute of limitations for the crime expires. This time period can vary, depending on the crime, but the statute of limitations for most felonies is three years.

How to Expunge Felony Charge that was dismissed

The circumstances here are very similar to the situation described above where you were arrested but no charges filed.

In the event that charges were filed after your arrest, but the charges were dismissed, you may move to expunge as soon as the Statute of Limitations for re-filing the charges has expired.

How to Expunge your Oklahoma Felony case if you Pleaded Guilty:

You received a Deferred Sentence

If you pleaded guilty to a non-violent felony and received a deferred sentence, then you may expunge your case five years after completing the deferred sentence. The time is calculated from the day the deferred sentence ends.

You must also be free of any other felony convictions, and not have any pending felony or misdemeanor charges.

You received a Suspended Sentence

This makes things more complicated. If you were convicted of a non-violent felony, you may expunge the records, but only if you received a full pardon for the offense from the Governor (Executive Branch), and ten years have passed since the conviction.

How Expungement applies if your case went to trial

If your case went to trial, then one of the following scenarios happened: You were acquitted and found not guilty; you were convicted and sentenced; or you were convicted but your conviction was reversed on appeal.

Acquittal at trial

If you were charged with a felony, but were acquitted at trial (meaning you got a “not guilty” verdict), then you have a right to have the Court seal all records relating to your arrest, booking, and court case, and any and all other records, including any related civil forfeiture case.

Felony, convicted at trial, but reversed on appeal and State does not retry

If your conviction was reversed on appeal, and the State chose to dismiss instead of having a new trial, then you may immediately move to expunge the court case, charges, and arrest records.

Innocence proved by DNA evidence

If you have been found innocent by the use of DNA evidence, then you may immediately move to expunge the case and charges against you.

 

Have questions about Expunging Other Types of Felony Cases?

If you would like to know more, than just complete the form at the top of this article and we will get back to you immediately.

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