Audrey Howitt

New laws regarding the expungement of Tulsa court records took effect in November 2016, thanks to the Oklahoma legislature. Okla. Stat. tit. 22 § 18

The expungement of Tulsa criminal records makes it possible for people convicted of certain crimes to effectively seal their criminal records from public view. This makes it easier to obtain employment and housing after being released from jail. No longer do you have to disclose your past to prospective employers and landlords.

Section 18 and Tulsa Court Records

A Section 18 expungement in Oklahoma seals the arrest record, court records, and online court records. It erases your criminal history on background checks. The law allows you to legally answer that the incident never happened if you are asked. It is only available in certain cases, and never for a violent felon.

Expungement also requires a lengthy and complicated application process. There are specific timelines and eligibility requirements that hinge directly on the type of infraction you seek to erase from your Tulsa court records.

In general, you are eligible for expungement as soon as one of the following occurs:

• you were acquitted; or
• the conviction was reversed by a higher court and the matter was dismissed; or
• DNA evidence proves that you are innocent after you have already been convicted; or
• you received a full pardon from the Oklahoma Governor based on a finding of innocence; or
• you were arrested but not charged, and the time has expired for charges to be filed against you; or
• you were under 18 years of age at the time the offense was committed and you have received a full pardon.

Violent crimes are never eligible. Only non-violent crimes are eligible for a criminal records expungement in Tulsa. In that regard, the rules for certain misdemeanors and felonies are different.

If you were convicted of a misdemeanor for which you served no jail time and the fine was less than $501, you may be able to file a petition for expungement immediately.

If you have completed a deferred judgment or suspended sentence on a misdemeanor charge, you can file for expungement one year after completion.

The waiting period is longer for other crimes. If you are seeking to expunge records related to the completion of a deferred judgment or a delayed sentence on a non-violent felony, the waiting period is five years. While this may seem like a long time, it was 10 years under the old law.

The waiting period is also five years after completing a sentence in a misdemeanor conviction that resulted in jail time or a fine in excess of $500.

In all of these circumstances, it is important that there are no felony or misdemeanor charges pending against you when you petition the court for expungement.

Process Time for Expungement

In comparison to the long waiting time, the process for actually obtaining a court order in Oklahoma, while complicated, is relatively short. The petition must be prepared and filed, and all interested parties must be given at least 30 days notice of the hearing date. That gives them a chance to respond to the petition and to appear at the hearing on the petition.

At the hearing, evidence is presented. If the court finds that the harm to your privacy or the dangers of unwarranted adverse consequences to you outweigh the public’s interest in retaining the records, the court may order those records to be sealed. Okla. Stat. tit. 22 § 19

Initial Consultation: Tulsa Expungement Attorney

The skillful, aggressive, and compassionate lawyers at the Tulsa Criminal Defense Law Firm can provide a initial, no-hassle, and confidential consultation about expungement questions in your specific case.

Simply call 918-256-3400 today for a low-cost initial strategy session with a Tulsa expungement attorney.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

In Oklahoma, expungement is a sealing of criminal records from public view. It acts like an erasure. You can truthfully say that your scrape with the law never happened if you are questioned about it.

The state legislature recently passed laws that make it easier for non-violent criminals to seal their records, including those on systems such as OSCN and ODCR Tulsa.

What Expungement Clears OSCN and ODCR Tulsa Records?

Know what kind of expungement you want before you go to the trouble of filing a petition with the court.

There are two types of expungement possible in Oklahoma.

Your first option is a criminal records expungement. Okla. Stat. tit. 22 § 18

Another options is an expungement of your name from court records, also known as a deferred sentence expungement. Okla. Stat. tit. 22 § 991c

These expungements are different.

A criminal records expungement under Section 18 seals the arrest record, court records, and online court records. It also erases your criminal history on background checks. It is as if the incident never happened. In fact, you can legally answer that the incident never happened if you are asked.

Private online court document retrieval companies like On Demand Court Records (ODCR Tulsa) and state-run court document retrieval companies like Oklahoma State Courts Network (OSCN) are included in this type of expungement. Court records can be expunged from both sites.

This differs quite a bit from the deferred sentence expungement known as a 991c. This type of expungement allows a person who has received a deferred sentence to expunge their plea and have the status of the disposition of their case show that it has been dismissed.

With a Section 991c expungement, the record shows that you pled “not guilty” and that the case was dismissed. However, it will not expunge or remove the arrest record and will not remove your criminal or court records from online retrieval companies such as ODCR Tulsa and OSCN. This type of expungement can be used if you are waiting for a full criminal records expungement under Section 18 or if you do not qualify for a Section 18 expungement.

Eligibility Requirements are Different

It is important to understand the differences in eligibility requirements between these two types of expungements. A deferred sentence expungement is much easier to qualify for. You must have completed all the terms of your probation, including community service hours, counseling, drug treatment, and the like. You must also have paid all your fines, court costs, and restitution if the court ordered it. Finally, you must have served the entire term of your deferred sentence.

A criminal records expungement in Tulsa is more difficult to obtain. Only certain convictions qualify. The waiting periods differ depending on the type of conviction you want to seal.

For some misdemeanors, you may be able to petition the court to seal your records as soon as your fine is paid.

Recent laws have shortened the waiting period for other convictions from 10 years to 5 years.

Initial Consultation: Tulsa Expungement Attorney

The skillful, aggressive, and compassionate lawyers at the Tulsa Criminal Defense Law Firm can provide a initial, no-hassle, and confidential consultation about expungement questions in your specific case.

Simply call 918-256-3400 today for a low-cost initial strategy session with a Tulsa expungement attorney.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

Protective orders, sometimes called restraining orders, are needed in certain circumstances. A Tulsa, Oklahoma court often issues an emergency protective order in the case of domestic abuse, to protect a victim from an alleged stalker, or to protect a victim from harassment.

In cases of domestic violence, a protective order requires one of the parties to move out of the home, and to stay away from the other party. If given on an emergency basis, it is effective for a short time until there can be a full hearing on the matter.

In some cases, you can expunge a restraining order in Tulsa.

Protective Orders Stay on Your Criminal Record

Protective orders are often necessary to calm things down in a troubled relationship. But you may not realize that if a protective order is issued against you, it stays on your criminal record.

Just like criminal convictions in Oklahoma, the presence of a protective order has long-term adverse effects on your life as you try to pick your life back up. When it appears on your record and in a background check, it can be difficult to obtain employment and housing. It can also make new relationships more difficult.

You Can Expunge a Restraining Order Under Certain Circumstances

There are some situations in which you can seal or expunge a restraining order in Tulsa. It must be issued by the State of Oklahoma. You may not expunge a protective order that was issued by the U.S. Federal Government.

There are four situations in which you can expunge an Oklahoma state-ordered protective order:

1. An ex parte order for protection was issued, but it was terminated due to a dismissal of the petition on the protective order before a full hearing, or the petition was denied after a full hearing, or the person asking for the order failed to appear at the hearing, and at least 90 days have passed since the date set for the full hearing;
2. The person seeking the protective order (the plaintiff) filed an application for a victim protective order, but failed to appear at the full hearing and at least 90 days have passed since the date set for the full hearing, including all continuances and postponements;
3. The order has been vacated at either your request or the plaintiff’s request and three years have passed since the order to vacate was entered; or
4. Either the plaintiff or you are deceased.

Okla. Stat. tit.22 § 60.18

It is important that you hire an experienced Tulsa expungement attorney to answer your expungement questions and to handle your Petition for Expungement.

A Petition for Expungement is a formal document filed with the court. Particular notice requirements must be met for the hearing to take place and the order granted.

Initial Consultation: Tulsa Expungement Attorney

The skillful, aggressive, and Tulsa criminal lawyers at the Tulsa Criminal Defense Law Firm can provide a initial, no-hassle, and confidential consultation about expungement questions in your specific case.

Simply call 918-256-3400 today for a low-cost initial strategy session with a Tulsa expungement attorney.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

In Tulsa, Oklahoma, a criminal records expungement acts as an erasure. It is a sealing of court documents that prevents the public from seeing your criminal records.

Types of Criminal Records Expungement in Tulsa

There are two types of expungement possible in Oklahoma.

The first type is expungement of your entire criminal record. Okla. Stat. tit. 22 § 18

Your second option is expungement of your name from court records. Okla. Stat. tit.22 § 991c

A Section 18 expungement is more complete. It seals the arrest record, print and online court records, and background checks.

Are You Eligible?

New legislation took effect in November 2016. It loosened the eligibility requirements for those seeking an expungement of their criminal records, making it possible for more people to obtain a criminal records expungement and to obtain it more quickly. This allows people to move forward with their lives.

Under the new legislation you are eligible if:

• you were acquitted; or
• your conviction was reversed and the case was dismissed; or
• DNA evidence proves that you are innocent; or
• you received a full pardon from the Oklahoma governor based on a finding of innocence; or
• you were arrested but never charged and the time has expired for charges to be filed against you; or
• you were under 18 years of age at the time the offense was committed and have received a full pardon.

There are other situations that give rise to criminal records expungement eligibility. You may obtain an immediate expungement of a misdemeanor involving no jail time and a fine of less than $501. You also qualify one year after completing a deferred judgment or suspended sentence on a misdemeanor charge. There must not be any current felony or misdemeanor charges pending against you.

Under the new statute you may become eligible five years after the completion of a deferred judgment or delayed sentence on a non-violent felony charge, or five years after completing a sentence in a misdemeanor conviction that resulted in jail time or a fine in excess of $500. The previous waiting time was 10 years. Violent felonies are not eligible for a Section 18 expungement.

The Expungement Process is Complicated

If you are eligible, your attorney will prepare a Petition for Expungement to be filed in the district court that contains the records you are seeking to seal. The Petition is filed with the court along with a filing fee of $150. The filing fee may be refunded to you if your Petition is granted.

Once the Petition is filed, the court sets a hearing date. There are notice requirements that must be met. The prosecuting and arresting agencies, the Oklahoma State Bureau of Investigation (OSBI), and other persons who have information relevant to the sealing of your records are to be given 30 days notice of the hearing. That gives them a chance to respond to the Petition and to appear at the hearing on the Petition.

At the hearing, evidence is presented. If the court finds that the harm to your privacy or the dangers of unwarranted adverse consequences to you outweigh the public’s interest in retaining the records, the court may order those records to be sealed.

If the court finds that neither sealing of the records nor maintaining of the records unsealed by the agency would serve the ends of justice, the court may enter an appropriate order limiting access to such records.

You need the help of an experienced Tulsa expungement attorney at your hearing to help convince the court of your position. Once sealed these records can be unsealed, but only by another petition.

Once sealed, it is as if the records never existed. If asked, you may properly reply that no such action ever occurred and that no such record exists.

In addition, employers, schools, and governmental agencies are prohibited from requiring you to disclose any information contained in the sealed records. Your refusal to disclose those records does not provide any of those organizations grounds to refuse your application. Okla. Stat. tit. 22 § 19

Initial Consultation: Tulsa Expungement Attorney

The skillful, aggressive, and compassionate lawyers at the Tulsa Criminal Defense Law Firm can provide a initial, no-hassle, and confidential consultation about expungement questions in your specific case.

Simply call 918-256-3400 today for a low-cost initial strategy session with a Tulsa expungement attorney.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

If you were convicted of a sex crime, you must register as a sex offender in Oklahoma, even if the crime has been pardoned.

A pardon does not alter your responsibility to register as a sex offender in Tulsa. You must register and provide all information required by law. Okla. Stat. tit. 57 § 584

Failure to register as a sex offender in Oklahoma is an additional felony charge with additional jail time.

What is a Pardon in Tulsa?

It is important to understand what a pardon is and what it does. The governor issues a pardon. It acts as an official statement of forgiveness for the crime pardoned, and welcomes the convicted felon back into society as a full citizen.

However, a pardon in Oklahoma is not a commuted sentence or parole. It is also not a statement of innocence. It does not erase or seal your criminal records. If you have been pardoned, your court records still show the conviction — but they also show the pardon.

Receiving a pardon in Tulsa is a strong statement of forgiveness and rehabilitation, which can go a long way to mitigating a conviction in the eyes of potential employers and landlords. It can restore your right to vote, and also help you obtain or keep certain professional licenses.

Requirements to Register as a Sex Offender in Oklahoma

Regarding requirements to register as a sex offender in Oklahoma, there are three levels of risk determined solely by the offense of which you were convicted:

• Level 1: you must register as a sex offender every year for 15 years.
• Level 2: you must register every six months for 25 years.
• Level 3: you must register every 90 days for the rest of your life.

There are many rules and restrictions associated with sex offender registration, including where you can live or work.

Sex Offender Registry Removal is Possible For Some

There are three categories of offenses for which removal from the registry may be possible. The categories and requirements are specific, and you are best served by consulting with a Tulsa criminal pardon attorney.

You must fall into one of the following categories to be eligible for removal from the sex offender registry in Oklahoma:

1. You are a Level 1 offender, and have stayed out of trouble for 10 years.
2. You fit under the Starkey Rule (Starkey v. Oklahoma Dept of Corrections 2013 OK 43 305 P.3d 1004). Basically, the Oklahoma Supreme Court decided that it is unconstitutional to retroactively apply sex offender levels and registration requirements. Contact an attorney to see if this applies to your case.
3. Your offense was a consensual statutory rape offense under Okla. Stat. tit. 21 § 1111.1 or 1114. This is sometimes called the Romeo and Juliet rule. The law was designed for cases where consensual sex is not possible because of the age of one of the parties involved — one is a little too old, and the other is a little too young. For instance, a 19-year-old boy has consensual sexual intercourse with his girlfriend. However, she may be a little too young to legally consent. The rules are somewhat complicated, but you must not have been more than four years older than the victim. Also, the victim must have been between 14 and 17 at the time Okla. Stat. tit. 57 § 590.2

Initial Consultation: Tulsa Criminal Pardon Attorney

The skillful, aggressive, and compassionate lawyers at the Tulsa Criminal Defense Law Firm can provide a initial, no-hassle, and confidential consultation about pardons and expungements in Oklahoma.

Simply call 918-256-3400 today for a low-cost initial strategy session with a Tulsa criminal pardon attorney.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.