In Oklahoma, you can expunge a felony conviction if certain requirements are met. Those requirements include:
- The felony was non-violent
- The sentence ended five or more years ago (single conviction), or
- The sentence ended ten or more years ago (two convictions)
- No charges are currently pending
The next question many people ask is what is considered a non-violent felony? While there is not a list of non-violent felonies, there is a list of violent felonies. That list can be found in Title 57, Section 571 of the Oklahoma Statutes.
Violent felonies involve physical harm to another person, or involve some element of a serious threat of harm, usually with a weapon of some sort.
Non-violent felonies therefore take a very wide range of crimes, and include theft crimes, drug crimes, and fraud/misrepresentation crimes.
Differences between Violent and Non-Violent Crimes under Oklahoma Expungement laws
In Oklahoma, you can expunge misdemeanor crimes, without having to differentiate between violent and non-violent. So misdemeanor assault and battery can be expunged. But the felony versions of that crime, such as Assault and Battery with a dangerous weapon, cannot be expunged, as they are considered violent.
As explained below, there are several difference categories of crimes that involve various levels, some can be expunged and some cannot.
Assault and Battery crimes: misdemeanor versus the felony versions
Domestic Violence cases are another area where the big distinction is between the misdemeanor version and the felony version of the crime. Misdemeanor domestic assault and battery can be expunged. But as of November 1, 2020, the felony versions of domestic assault and battery cannot be expunged, which include:
- Domestic Abuse by Strangulation,
- domestic assault with a dangerous weapon,
- domestic assault and battery with a dangerous weapon, and
- domestic assault and battery with a deadly weapon
Previously, these crimes were not listed among the official list of violent felonies in Oklahoma.
Differences among the types of Theft Crimes affect eligibility for expungement in Oklahoma
Most crimes that involve theft can still be expunged if they meet the other expungement criteria, such as the time since the sentenced ended. But there are some exceptions. First Degree Burglary makes the list of “violent crimes” as does burglary with explosives.
All forms of Robbery are considered violent, since robbery is defined as using force or fear to take another person’s property. Whereas all forms of larceny can be expunged, since larceny is taking someone’s property but not with the use of a weapon or threat of violence.
Burglary is usually defined as some sort of theft crime that involves either breaking or entering into a premises with the intent to steal. Second Degree Burglary can be expunged, but not First Degree.
Some Crimes that are not actually violent are still listed as violent under Oklahoma Law
There are several crimes on the list of violent felonies which don’t actually involve physical acts of violent.
The crime of “Eluding a Peace Officer” is actually a misdemeanor crime, so persons who have been convicted of eluding the police – which involves either speeding up, or turning off your lights, when signaled to pull over – can still expunge the crime from their record.
However, Eluding the Police becomes a felony if the eluding person either endangers the lives of others or causes an accident or causes injury while eluding the police. These felony versions are listed among the other violent felonies and cannot be expunged.
Another crime that is not violent but falls on the list is the crime of Aggravated Trafficking.
Trafficking is the crime of bringing into the state, or distributing or manufacturing within the state, illegal controlled substances of a certain quantity. The Trafficking in Illegal Drugs Act provides the quantities necessary to make the crime considered “trafficking.”
The difference between trafficking and aggravated trafficking is simply the quantity involved. What is interesting is that neither crime involves violence toward another, yet the crime of aggravated trafficking is listed among the “violent” felonies in Oklahoma, therefore disqualifying it from expungement.
Some crimes against the elderly or handicapped can be expunged, while others are not eligible
Abuse of a Vulnerable Adult makes the list of violent felonies, though there are other crimes against vulnerable persons not on the list. Financial Exploitation of the Elderly can be expunged, as can certain other crimes involve nursing home patients.
When assessing any of these crimes, you look at the Judgment and Sentence issued by the Court, not the original Information (charges) filed by the District Attorney.
The list of Violent Felonies in Oklahoma
As of November 1, 2020, the “Violent crime” means any of the following felony offenses and any attempts to commit or conspiracy or solicitation to commit the following crimes:
- Assault, battery, or assault and battery with a dangerous or deadly weapon, as provided for in Sections 645 and 652 of Title 21 of the Oklahoma Statutes,
- Assault, battery, or assault and battery with a deadly weapon or by other means likely to produce death or great bodily harm, as provided for in Section 652 of Title 21 of the Oklahoma Statutes,
- Aggravated assault and battery on a police officer, sheriff, highway patrolman, or any other officer of the law, as provided for in Section 650 of Title 21 of the Oklahoma Statutes,
- Poisoning with intent to kill, as provided for in Section 651 of Title 21 of the Oklahoma Statutes,
- Shooting with intent to kill, as provided for in Section 652 of Title 21 of the Oklahoma Statutes,
- Assault with intent to kill, as provided for in Section 653 of Title 21 of the Oklahoma Statutes,
- Assault with intent to commit a felony, as provided for in Section 681 of Title 21 of the Oklahoma Statutes,
- Assaults with a dangerous weapon while masked or disguised, as provided for in Section 1303 of Title 21 of the Oklahoma Statutes,
- Murder in the first degree, as provided for in Section 701.7 of Title 21 of the Oklahoma Statutes,
- Murder in the second degree, as provided for in Section 701.8 of Title 21 of the Oklahoma Statutes,
- Manslaughter in the first degree, as provided for in Section 711 of Title 21 of the Oklahoma Statutes,
- Manslaughter in the second degree, as provided for in Section 716 of Title 21 of the Oklahoma Statutes,
- Kidnapping, as provided for in Section 741 of Title 21 of the Oklahoma Statutes,
- Burglary in the first degree, as provided for in Section 1431 of Title 21 of the Oklahoma Statutes,
- Burglary with explosives, as provided for in Section 1441 of Title 21 of the Oklahoma Statutes,
- Kidnapping for extortion, as provided for in Section 745 of Title 21 of the Oklahoma Statutes,
- maiming, as provided for in Section 751 of Title 21 of the Oklahoma Statutes,
- Robbery, as provided for in Section 791 of Title 21 of the Oklahoma Statutes,
- Robbery in the first degree, as provided for in Section 797 et seq. of Title 21 of the Oklahoma Statutes,
- Robbery in the second degree, as provided for in Section 797 et seq. of Title 21 of the Oklahoma Statutes,
- Armed robbery, as provided for in Section 801 of Title 21 of the Oklahoma Statutes,
- Robbery by two or more persons, as provided for in Section 800 of Title 21 of the Oklahoma Statutes,
- Robbery with dangerous weapon or imitation firearm, as provided for in Section 801 of Title 21 of the Oklahoma Statutes,
- Child abuse, as provided for in Section 843.5 of Title 21 of the Oklahoma Statutes,
- Wiring any equipment, vehicle or structure with explosives, as provided for in Section 849 of Title 21 of the Oklahoma Statutes,
- Forcible sodomy, as provided for in Section 888 of Title 21 of the Oklahoma Statutes,
- Rape in the first degree, as provided for in Section 1114 of Title 21 of the Oklahoma Statutes,
- Rape in the second degree, as provided for in Section 1114 of Title 21 of the Oklahoma Statutes,
- Rape by instrumentation, as provided for in Section 1111.1 of Title 21 of the Oklahoma Statutes,
- Lewd or indecent proposition or lewd or indecent act with a child under sixteen (16) years of age, as provided for in Section 1123 of Title 21 of the Oklahoma Statutes,
- Use of a firearm or offensive weapon to commit or attempt to commit a felony, as provided for in Section 1287 of Title 21 of the Oklahoma Statutes,
- Pointing firearms, as provided for in Section 1279 of Title 21 of the Oklahoma Statutes,
- Rioting, as provided for in Section 1311 of Title 21 of the Oklahoma Statutes,
- Inciting to riot, as provided for in Section 1320.2 of Title 21 of the Oklahoma Statutes,
- Arson in the first degree, as provided for in Section 1401 of Title 21 of the Oklahoma Statutes,
- Injuring or burning public buildings, as provided for in Section 349 of Title 21 of the Oklahoma Statutes,
- Sabotage, as provided for in Section 1262 of Title 21 of the Oklahoma Statutes,
- Criminal syndicalism, as provided for in Section 1261 of Title 21 of the Oklahoma Statutes,
- Extortion, as provided for in Section 1481 of Title 21 of the Oklahoma Statutes,
- Obtaining signature by extortion, as provided for in Section 1485 of Title 21 of the Oklahoma Statutes,
- Seizure of a bus, discharging firearm or hurling missile at bus, as provided for in Section 1903 of Title 21 of the Oklahoma Statutes,
- mistreatment of a mental patient, as provided for in Section 843.1 of Title 21 of the Oklahoma Statutes,
- Using a vehicle to facilitate the discharge of a weapon pursuant to Section 652 of Title 21 of the Oklahoma Statutes,
- Bombing offenses as defined in Section 1767.1 of Title 21 of the Oklahoma Statutes,
- Child pornography or aggravated child pornography as defined in Section 1021.2, 1021.3, 1024.1 or 1040.12a of Title 21 of the Oklahoma Statutes,
- Child prostitution as defined in Section 1030 of Title 21 of the Oklahoma Statutes,
- Abuse of a vulnerable adult as defined in Section 10-103 of Title 43A of the Oklahoma Statutes who is a resident of a nursing facility,
- Aggravated Trafficking as provided for in subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes,
- Aggravated Assault and Battery upon any person defending another person from assault and battery, as provided for in Section 646 of Title 21 of the Oklahoma Statutes,
- Human trafficking, as provided for in Section 748 of Title 21 of the Oklahoma Statutes,
- Terrorism crimes as provided in Section 1268 et seq. of Title 21 of the Oklahoma Statutes,
- Eluding a peace officer, as provided for in subsection B or C of Section 540A of Title 21 of the Oklahoma Statutes, or
- Domestic abuse by strangulation, domestic assault with a dangerous weapon, domestic assault and battery with a dangerous weapon, or domestic assault and battery with a deadly weapon, as provided for in Section 644 of Title 21 of the Oklahoma Statutes.
Contact Oklahoma Expungement Lawyer Travis Charles Smith
If you have questions about getting an expunge, or you would like to get started now, send us an email or call our office at 405-724-8112.