Audrey Howitt

Even if you have had a record expungement in Oklahoma, you could theoretically be declared a prior offender if you are charged with another crime. Read on to learn more about the different types of expungement in Tulsa.

FAQ: Record Expungement in Oklahoma

There are two types of record expungement in Oklahoma.

The first option 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

Each of these expungements yields a different result, so it is helpful to know exactly what kind of expungement you want and what the requirements and results are for each of them.

Section 18 Expungements

A Section 18 expungement seals the arrest record and all court records (including online court records). It also erases your criminal history on background checks.

In effect, a Section 18 expungement makes it as if the incident never happened. In fact, the law allows you to legally answer that the incident never happened if you are asked.

A Section 18 record expungement in Oklahoma requires a complicated application process, but is available to anyone within the following categories:

• you were acquitted; or
• the conviction was reversed by a higher court with instructions to dismiss, 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 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.

In addition, there are a number of other categories that allow eligibility for a Section 18 expungement in Tulsa. You may qualify for the immediate expungement of a misdemeanor that involved no jail time and where your fine was less than $501, or one year after completing a deferred judgment or suspended sentence on a misdemeanor charge. In these cases, expungement is allowed if you have not been convicted of a felony and there are no current felony or misdemeanor charges pending against you.

Under 2016 amendments to the expungement statutes in Oklahoma, 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.

However, you will not be eligible for a Section 18 expungement if the records you are seeking to seal are related to a violent felony.

Section 991c Expungements

A Section 991c expungement is different. It allows a person who has received a deferred sentence to expunge their plea and have the disposition of their case show it has been dismissed.

With a Section 991c expungement, the record shows that you pleaded “not guilty” and the case was dismissed. However, it will not expunge or remove the arrest record. Thus, a Tulsa prosecutor or any other interested party can see the information.

A 991c expungement is often referred to a deferred sentence expungement. It can be used if you are waiting for a full expungement under Section 18 or you do not qualify for a Section 18 expungement.

In order to qualify for a Section 991c expungement, 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 court-ordered fines, costs, and restitution. Finally, you must have served the entire term of your deferred sentence.

With a Section 991c expungement, it is important to understand that your arrest records remain fully intact. While court records are sealed, a background check will show that you were charged, you pleaded not guilty, and the criminal case was dismissed.

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.

New laws regarding pardons and expungements have taken effect in Tulsa, Oklahoma. As a result, it is now easier than ever to obtain an expungement or pardon and put your past behind you.

However, the fast track to pardons and expungements in Tulsa do not include any violent crimes. Read on to learn what crimes are not eligible for an expungement or a pardon in Oklahoma.

Defining Pardons and Expungements in Tulsa

There are two types of expungement possible in Tulsa.

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

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

As part of the new amendments to the expungement laws, the Oklahoma legislature has shortened the waiting period of time to become eligible to five years (previously, the waiting period was 10 years). Under the new statute you may become eligible in only 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.

You may qualify for the immediate expungement of a misdemeanor that involved no jail time and where your fine was less than $501, or one year after completing a deferred judgment or suspended sentence on a misdemeanor charge. In these cases, expungement is allowed if you have not been convicted of a felony, and there are no current felony or misdemeanor charges pending against you.

Violent Crimes Do Not Qualify For Pardons and Expungements

Oklahoma law defines violent crime as any of the following felony offenses or any attempts, conspiracy, or solicitation to commit them:

• assault and battery with a dangerous or deadly weapon;
• aggravated assault and battery upon any officer of the law;
• aggravated assault and battery upon any person defending another person from assault and battery;
• assault with intent to commit a felony or while masked or disguised;
• shooting, poisoning, or assaulting with intent to kill;
• maiming;
• murder or manslaughter in the first degree or second degree;
• kidnapping or kidnapping for extortion;
• extortion;
• obtaining a signature by extortion;
• burglary in the first degree or with explosives;
• wiring any equipment, vehicle, or structure with explosives;
• arson in the first degree;
• burning or injuring a public building;
• robbery in the first or second degree;
• conjoint robbery;
• armed robbery or robbery with a dangerous weapon or (imitation) firearm;
• child abuse;
• lewd or indecent act or proposition with a child;
• child pornography or aggravated child pornography;
• child prostitution;
• human trafficking;
• rape in the first or second degree or by instrumentation;
• forcible sodomy;
• use of a firearm or offensive weapon to commit or attempt to commit a felony;
• pointing a firearm;
• rioting or inciting to riot;
• criminal syndicalism;
• seizure of a bus;
• discharging a firearm or hurling a missile at a bus;
• using a vehicle to facilitate the discharge of a weapon;
• mistreatment or abuse of a mental patient or another vulnerable adult who is a resident in a nursing facility;
• bombing offenses;
• sabotage; or
• terrorism crimes.

If you are convicted of any of the above crimes, you will not be eligible for an expungement or a pardon. However, a qualified Tulsa criminal pardon attorney is the best resource for questions about your eligibility for pardons and expungements in Oklahoma.

Initial Consultation: Tulsa Criminal Pardon Attorney

The skillful, aggressive, and compassionate Tulsa criminal 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.

Pardons and expungements are different in Tulsa, Oklahoma. A common question involves how to get a pardon from the governor of Oklahoma.

Pardon vs. Expungement in Tulsa

A pardon is issued by the governor of Oklahoma and acts as an official statement of forgiveness for the crime pardoned. It welcomes the convicted felon back into society as a full citizen. It is not a commutation of a sentence or parole.

If you have been pardoned, your court records still show the conviction — but they also show the pardon.

On the other hand, an expungement in Tulsa seals the records from view. It acts as an erasure of the matter being expunged from public records.

How to Get a Pardon from the Governor of Oklahoma

There is a complex and lengthy application process involved in obtaining a pardon. But first, you must be eligible to receive a pardon.

To be eligible, all of the following must be true in your case:

• the conviction for which you are seeking a pardon must be a violation of Oklahoma law;
• you must have completed the entirety of your sentence for the offense for which you are seeking to be pardoned, including completion of all court supervision or probation;
• you must have fully paid all court-ordered fines, costs, and restitution;
• there must not be any pending charges against you;
• you cannot currently be in jail or prison; and
• you must not have been considered for pardon within the past year.

The Application Process

The process of how to get a pardon from the governor of Oklahoma is extremely technical, and can take as long as a year to complete. If you are missing something in your application, it is likely that your application will be denied.

If you are eligible, then you or your attorney must prepare and file a 16-page pardon application along with certified copies of all required court documents and other requested documentation.

The documents required include the following:

• a certified copy of the judgment and sentence for each conviction that you are seeking to have pardoned, each bearing an original county seal or stamp;
• a certified statement from the court clerk that all fines, fees, costs, and restitution ordered have been paid, including probation fees;
• a current credit report;
• proof of current income or employment — a pay stub, benefit statement, tax return, or the like;
• proof of residence — a mortgage statement, lease agreement, or the like; and
• character affidavits (not required, but recommended).

Once the application is submitted to the Pardon Board, all the information on it must be verified. Once the Pardon Board receives the application, Oklahoma State Bureau of Investigation (OSBI) reports are ordered.

Once the OSBI reports are received, the case is assigned to the Oklahoma Department of Corrections District Office of Probation and Parole for further investigation. This investigation can take up to 70 days to complete.

After the investigation is completed, the matter is placed on the docket for a hearing. Either you or your attorney may speak at the hearing. You are limited to two minutes to speak, so be succinct and persuasive. This is a perfect opportunity for an experienced Tulsa criminal pardon attorney to handle the matter. Your attorney will know what matters should be addressed.

Then the matter is submitted to the governor for consideration. The governor has 90 days to make a decision. You will be notified by letter of the decision.

If the pardon is granted, a pardon certificate is filed with the Oklahoma Secretary of State General’s office.

If the pardon is denied, you may re-apply in a year. The timeline begins on the date the governor denies your pardon.

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 pardon and expungement questions in your specific case.

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.

Oklahoma state laws passed in 2016 make it easier than ever to expunge your non-violent criminal record and move on with your life after you have paid your debt to society.

There are many benefits to getting a Tulsa County expungement, including clear background checks.

Benefits of a Tulsa County Expungement

It can be difficult to get a job after a criminal sentence. Many applications ask if you have been convicted of a crime. While you must never lie on an application, telling the truth will often make your would-be employer automatically discard your application.

When court records are expunged, it allows a job applicant to tell a prospective employer that they have not been convicted of a crime. This allows increased job opportunities, increased earning potential, and allows a person to access to professional licenses, bonds, and security clearances that they might not be allowed otherwise. Increasing your ability to work correlates to more peace of mind and more success in both your personal and professional life.

Housing is another area where the benefits of a Tulsa County expungement are clear. Landlords routinely conduct criminal background checks as a prerequisite to renting property. When court records are sealed, it increases your ability to obtain quality housing.

The restoration of firearms rights may not be important to everyone, but those rights can be very important to collectors, hunters, and security professionals whose employment requires the issuance and use of a firearm. Expungement allows those rights to be restored. This can be critical for people who work in the security field.

Finally, expungement allows you peace of mind. It preserves your privacy and really allows you to put the past behind you.

Fast-Track Expungement Gets You Back to Your Old Life Sooner

As part of the new amendments to the expungement laws, the Oklahoma legislature has shortened the waiting period of time to become eligible to five years (previously, the waiting period was 10 years). Under the new statute you may become eligible in only 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.

You may qualify for the immediate expungement of a misdemeanor that involved no jail time and where your fine was less than $501, or one year after completing a deferred judgment or suspended sentence on a misdemeanor charge. In these cases, expungement is allowed if you have not been convicted of a felony and there are no current felony or misdemeanor charges pending against you. Okla. Stat. tit. 22 § 18

Expungement is also allowed if a person receives a full pardon for their conviction when 10 years have passed after a non-violent felony conviction — if you have not been convicted of any separate misdemeanor in the past 15 years.

A Tulsa County expungement is also allowed after 10 years if you have had no more than two non-violent felony convictions, and more than 20 years have passed since your most recent felony or misdemeanor conviction.

There are other situations in which an expungement may be granted. The rules regarding expungement are very technical. You might be eligible for an expungement under these new laws, even if you have been turned down for expungement in the past.

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.