Expungement

What is Expungement?

When most people think about expungement, they think about it in terms of clearing a criminal record. In reality, an expungement means that the public record of someone’s charges is sealed. Once a record is expunged, a person with a criminal record can have an easier time finding work or getting public benefits. However, you should also know that in some instances, a judge can still give permission for law enforcement to view the sealed records, or for them to be unsealed in order to be used against you as a record of prior conviction in a new criminal case.

Expungement in Oklahoma

Expunging a criminal record in Oklahoma is possible in some instances. A person may be eligible to have their criminal record or even their arrest record expunged. For the best chance at expunging your criminal or arrest record, you need the help of an experienced attorney.

Is There More Than One Kind of Expungement?

Yes! What many lawyers, Judges and Assistant District Attorneys may not tell you is that just because your public record may be expunged and sealed after completion of your deferred sentence (known as a 22 O.S. 991(c) expungement), a background check through OSBI will still show your arrest; although it should reflect your case was dismissed. This can still make getting a job problematic. Arrest record expungements are governed by 22 O.S. 18.

I Completed a Deferred Sentence, but my Case Still Shows up on Public Record. What Do I Do?

If you have completed your deferred sentence and your charges still appear on Public Record, such as on OSCN.net, you may be eligible for a 991(c) expungement. Many counties require a special request for a 991(c) expungement after the completion of your deferred sentence. Contact Faulk Law Firm, PLLC. for help.

Am I Eligible for an Arrest Record Expungement?

It depends! Generally you will be eligible for an arrest record expungement if:

• You were acquitted (found not guilty) of your crime at a trial
• Your conviction was overturned by an appellate court with instruction to dismiss
• You were found factually innocent by use of DNA
• You have received a full pardon with a finding of actual innocence
• You were arrested, but no charges were ever brought, the statute of limitations for the crime arrested for has run out OR the District Attorney admits they do not plan to file charges
• You were under 18 at the time of the offense AND have received a full pardon
• You were charged with a misdemeanor or felony, the case was dismissed, you have never been convicted of a felony, you have no charges pending, AND the statute of limitations has expired OR the prosecuting agency confirms no charges will be filed. (This provision does not apply to dismissals after deferred sentences)
• You were charged with a misdemeanor, the charge was dismissed after a deferred sentence, you have never been convicted of a misdemeanor or a felony, no charges are pending, and one year has passed since the dismissal
• You were charged with a non-violent felony, the charge was dismissed after completion of a deferred sentence, you have never been convicted of a misdemeanor or a felony, no charges are pending, and ten years has passed since the dismissal
• You were convicted of a misdemeanor offense, you have not been convicted of a felony, no felony or misdemeanor charges are pending against you, and at least ten (10) years have passed since the end of the last misdemeanor sentence
• You have been arrested for a crime that was committed by another person

Should You Hire an Attorney?

Many people decide to try and expunge their records on their own. Since not all criminal charges or arrests are eligible for expungement, those who try to do their own expungements often feel victimized by the system or they become overwhelmed at filing the right documents and making sure that the right people are notified.

If you’re considering a criminal record expungement, you should retain the services of a qualified lawyer. You’ll have the best chance possible at clearing your record, and you’ll also have less stress.

Contact Faulk Law Firm, PLLC. for a Free Consultation

Faulk Law Firm, PLLC. provides FREE CONSULTATIONS and low priced payment plans for people in need of a criminal record expungement. Call today to set up an appointment for your free consultation: 580-249-9100. Robert R. Faulk and his staff provide more than expert representation during expungements. They also offer compassion and friendship. Find out how you can schedule your free consultation to discuss your case and find out more about their payment plan today: 580-249-9100.