• criminal attorneys in Tulsa OK

  • (918) 256-3400

  • ☰

    • Tulsa Criminal Defense Law Firm

    Oklahoma Defense Blog

    • Audrey Howitt

    Audrey Howitt

    Tulsa restraining order come off record attorney

    There are some situations in which a restraining order can come off your record in Tulsa.

    This area of the law is somewhat complex and best handled by an experienced expungement attorney. Here is some information on the subject to get you started.

    Protective orders are the same thing as restraining orders. These orders are regularly issued by judges in domestic violence cases, often on an emergency basis when a domestic argument has become physical. They may also be issued to protect people from harassment, from being stalked, and from the threat of violence.

    If given on an emergency basis, it is effective for a short time until there can be a full hearing on the matter.

    There are also temporary restraining orders and full restraining orders. Full hearings are usually required for the granting of all but emergency restraining orders.

    The scope of a restraining order may vary depending on the circumstances, but they usually prevent contact of any sort and may include a distance component. The person being restrained may not come within a prescribed distance of the victim, the victim’s home, or employment. In addition, all electronic contact is usually prohibited — from telephone calls to social media.

    Restraining orders serve a purpose. They allow time for a heated situation between people to cool down. Unfortunately, they can also stay on your record, and that can impede a person’s ability to find work or housing.

    A background check will reveal the restraining order, and that can cause problems in all sorts of future relationships from landlords to personal relationships.

    When Can You Expunge a Restraining Order?

    To begin with, to expunge a restraining order in Oklahoma, the order must have been issued by an Oklahoma state court. If the restraining order was issued either by another state court or by the federal government, you may not seek expungement in an Oklahoma state court.

    There are only four situations in which an Oklahoma restraining order may be expunged. All four situations are specific, and your situation must fit one of them exactly in order to obtain an expungement.

    In the first situation, the ex parte order for protection was issued,

    • but its proceeding was terminated by a dismissal of the petition on the protective order before a full hearing occurred,
    • 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.

    In this case, either a full hearing never occurred, or the petition for a restraining order was denied.

    In the second situation, although the initial petition for a restraining order was filed, the purported victim failed to appear at the hearing on the petition, and at least 90 days have passed since the date set for the full hearing, including all continuances and postponements. In this case, again there is no full hearing on the petition and so the order for a full restraining order was never granted.

    In the third situation, the restraining orders have been vacated and three years have passed since the order to vacate was entered. This can be done at your request as an initial step toward expungement.

    In the fourth situation, one of the parties to the order has passed away. In that case, there is no longer the need for a restraining order. Okla. Stat. tit. 22 § 60.18

    These are the only situations in which a restraining order may be expunged. If you have further questions, or want to pursue an expungement, contact an experienced Tulsa expungement attorney.

    Initial Consultation: Tulsa Expungement Attorney

    It is important that you get expert help in this highly technical area of the law. An experienced Tulsa attorney can help you move on with your life.

    Contact the Tulsa Criminal Defense Law Firm by calling (918) 756-9600, or toll-free at (888) 447-7262.

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

    Audrey Howitt

    In Tulsa, Oklahoma, a criminal record expungement is a complicated court petition. But once granted, it seals the entire criminal record for that crime.

    This kind of record expungement is more difficult to qualify for and more difficult to obtain, but it makes a fresh start possible. Okla. Stat. tit. 22 § 18

    There is one other type of record expungement, but it is less complete. Called a deferred sentence expungement, it removes some of the record, but not all of it. Once a person completes all the requirements for a deferred sentence, the court record will show a “not guilty” plea and that the case was dismissed. The arrest record remains complete. Okla. Stat. tit. 22 § 991c

    Qualifying For a Record Expungement

    New laws regarding expungements in Oklahoma make the process easier and more accessible to those who need it. You qualify, if:

    • you were acquitted; or
    • the conviction was reversed and the case dismissed; or
    • DNA evidence proves your innocence; or
    • you have 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 crimes that also qualify. The crimes must be nonviolent, and the qualifying waiting times vary. Check with an experienced Tulsa expungement attorney to see if your underlying conviction qualifies and what your waiting time from conviction or release may be.

    For some misdemeanors there is no waiting time. For other crimes, the waiting time may be five years. Before this new legislation was enacted, the waiting time was 10 years.

    The Record Expungement Paperwork is Complicated and Must Be Prepared Precisely

    If you qualify, your attorney can begin to prepare your paperwork.  The paperwork includes a petition and a filing fee. The petition needs to include the kind of expungement being sought, the information regarding the underlying crime — including the case number, the type of crime it is, the disposition of that case, that all requirements have been met, and that there are no pending charges against you.

    In addition, it should include all of the names, titles and addresses for all interested parties such as the District Attorney’s office in the county for which the petition is being filed, the legal representative of the arresting law enforcement agency, and the OSBI (Oklahoma State Bureau of Investigation) representative.

    In addition, you will need to prepare an order setting the hearing date, and an order on the petition itself. The petition and any attached documents and the Notice of Hearing must be served upon all of these interested parties. The parties are to be given sufficient notice of the hearing to prepare and file any objection they may have to your petition.

    It is helpful to obtain the OSBI criminal report concerning the underlying case you are seeking to have expunged. At the hearing, evidence is presented. The OSBI will likely object to the petition if their representative feels there is a strong public interest in keeping your criminal history available in the record.

    In making its decision, the court weighs the public’s interest to available records against the adverse consequences to you of keeping those records available. If it finds that the harm to you and your privacy outweighs the public’s interest, then the petition will be granted and your records will be sealed.

    Sealing records allows you to legally fail to disclose the prior conviction if you are asked about it. Okla. Stat. tit. 22 § 19

    This can give you peace of mind and allow you to move on with your life.

    If there are mistakes in your petition, it may be dismissed. Get it right the first time with the help of a Tulsa expungement expert.

    Initial Consultation: Tulsa Expungement Attorney

    It is important that you get expert help in this highly technical area of the law. An experienced Tulsa attorney can help you move on with your life.

    Contact the Tulsa Criminal Defense Law Firm by calling (918) 756-9600, or toll-free at (888) 447-7262.

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

    Audrey Howitt

    What is the timeline for records expungement in Tulsa attorney?

    Getting a good job and housing are important stepping stones after release from prison or jail. However, having a conviction on your record can make both of those goals more difficult to achieve. That is why the Oklahoma legislature enacted new laws regarding records expungement, which became effective in 2016.

    These new laws shorten the waiting time after a conviction to allow those court records to be sealed and enable expungement or the sealing of records in other cases. Okla. Stat. tit. 22 § 18

    What Expungement is and What it Does

    Expungement means “erasure.” The expungement of a record seals that record from public view. The record exists, but no one is able to see it any longer. When expunged, it is as though you are wiping a slate clean and starting over.

    There are different levels and types of expungements. A criminal records expungement under Section 18 seals the entire criminal record for a particular crime. It includes the arrest record, criminal court records, and all online sources. The crime no longer appears on any background checks.

    A deferred sentence expungement is less complete. When granted, it changes the court record to state that a defendant pled “not guilty,” and that the case was dismissed. It does not alter or seal any other source. The arrest record remains. Okla. Stat. tit. 22 § 991c

    How Do You Qualify For a Complete Records Expungement?

    A complete records expungement can be difficult to qualify for. It is only available in certain cases, and never for a violent felony.

    Before the legislature enacted new laws, a convicted felon might have to wait as long as 10 years in order to seal his or her criminal records. Now, depending on the circumstances, some records can be sealed immediately — some in a year, and some in five.

    In all of the following situations, you may file for expungement immediately:

    • if you were acquitted; or
    • if the conviction was reversed by a higher court and then the case was dismissed; or
    • if DNA evidence proves your innocence after your conviction; or
    • if you have obtained a full governor’s pardon based on a finding of innocence; or
    • if you were arrested but never charged, and the time to be file those charges has passed; or
    • if you were under 18 years of age at the time the offense was committed, and you have received a full pardon.

    In all of these cases, you should contact an experienced Tulsa records expungement attorney to being the petitioning process.

    Other Expungement Situations

    Even if you do not meet the above criteria, you may still seek an expungement.

    For example, immediate expungement is also available if your conviction was for a misdemeanor, the fine was less than $501, and you served no jail time. For a misdemeanor where you served jail time or the fine was in excess of $500, then you must wait five years. In all cases, the waiting time starts after you have completed the sentence.

    In the case of a deferred judgment or suspended sentence on a misdemeanor charge, you qualify for expungement in one year after completion of all court orders.

    For most non-violent felonies, you can qualify for expungement after five years.

    A new law that went into effect in November 2018 makes one change to the records expungement law: You are no longer required to have a governor’s pardon to expunge a single felony conviction. A governor’s pardon will still be required to expunge two felony convictions.

    If You Qualify, A Petition Will Be Speedy

    Although preparing a petition to expunge is technically complex, once the petition is filed, a hearing occurs in about 30 days. Evidence is taken and considered by the court at the hearing. If granted, the records expungement itself is almost immediate. Your attorney will have already prepared and filed a proposed order on expungement. And you can move on with your life.

    Initial Consultation: Tulsa Expungement

    It is important that you get expert help in this highly technical area of the law. An experienced Tulsa attorney can help you move on with your life.

    Contact the Tulsa Criminal Defense Law Firm by calling (918) 756-9600, or toll-free at (888) 447-7262. If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

    Audrey Howitt

    Possession of Burglary Tools Can Lead to a Felony in Oklahoma

    If you have a previous burglary conviction on your record, you could end up with a felony on your record if you are caught to be in possession of burglary tools in Oklahoma. It is helpful to know what burglary tools are to stay out of trouble.

    Possession of Burglary Tools Defined

    Are you in possession of burglary tools in Tulsa lawyer?In Oklahoma, possession of burglary tools is defined as having any of the following tools in your possession: pick-lock, crow, key, bit, jack, jimmy, nippers, pick, betty or any other tool routinely used in a burglary, with the intent to break into and enter a building, booth, tent, railroad car, vessel or the like, to commit a felony inside. Okla. Stat. tit. 21 § 1437

    Just being in possession of burglary tools with the requisite intent is a misdemeanor. It will be charged as a felony if you have a previous burglary conviction on your record.

    Whether this is charged as a misdemeanor or a felony, the prosecution must prove that you had the intent to break and enter and commit a felony inside the property or structure of another.

    Generally speaking, breaking and entering is interpreted broadly under Oklahoma law. It can mean forcibly breaking a window or door to enter, but it can also include using a false key to enter, or just opening a window and entering without permission. Okla. Stat. tit. 21 § 1431

    The prosecution will use facts to show intent. The more closely the tools resemble those on the above list, the more likely mere possession will be used by the prosecution to prove intent to break and enter.

    A Previous Burglary Turns the Crime into a Felony

    If you are caught with three or more of the following tools, and have had a previous burglary conviction,  you would face a felony charge: sledgehammer, pry bar, punches, chisel, or bolt cutters, with the intent to use them or knowing that they will be used in the commission of a crime. Okla. Stat. tit. 21 § 1442

    If convicted, you could face up to two years in prison, or a fine of up to $10,000, or both. Okla. Stat. tit. 21 § 9, 64

    Whether the crime is charged as a misdemeanor or a felony, you will want the help of an experienced Tulsa criminal defense attorney to help protect your rights and freedom. Call today.

    Initial Consultation: Tulsa Criminal Defense Attorney

    When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa criminal defense attorney to discuss your available legal options.

    Contact the Tulsa Criminal Defense Law Firm by calling (918) 756-9600, or toll-free at (888) 447-7262. If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

    Audrey Howitt

    False Declaration of Ownership: What it is and How it Occurs

    What is the sentence for false declaration of ownership in Tulsa lawyer?There are situations in which it is illegal to claim ownership of property that actually belongs to someone else. These situations move beyond the mere inflation of ego, to attempts to defraud. It is one thing to parade a beautiful diamond ring that was loaned to you claiming it is yours; it is another thing to try to sell or resell property that you claim belongs to you. A false declaration of ownership made for financial gain is illegal in Oklahoma. The penalties, if convicted, depend on the situation.

    Here are the situations in which the claim is often made, and prosecuted.

    Pawnshop Transactions Require A Declaration of Ownership

    In Oklahoma, when you pawn an item for sale or loan, the pawnshop owner is required to obtain a declaration from you that you own the item you are pawning. The declaration is a legal affidavit. In addition to signing the affidavit of ownership, you must produce your legal ID. The declaration states how long you have owned the property and gives your identifying information. It becomes part of the bill of sale, and is meant to protect against the resale of stolen goods. Okla. Stat. tit. 59 § 1515

    Making a false declaration of ownership or producing a fake ID in this situation is illegal, making this a type of theft by false pretenses.

    The sentence in Oklahoma, if convicted, depends on the value of the property involved. If the property is worth more than $1,000, then the crime is a felony punishable either by up to five years in prison, or a county jail term of up to one year, and a fine up to $500, or both. Okla. Stat. tit. 59 § 1512

    If the value of the property is less than $1,000, the crime is a misdemeanor punishable by a fine of up to $500, or by county jail time of up to six months, or both a fine and imprisonment.

    If the property involves any sort of firearms, or if the property was obtained as a result of robbery or burglary, then regardless of the value of the property, the crime is treated as a felony and is punished as such.

    Defenses for this crime are usually grounded in mistake. If the property comes to you honestly but was in fact stolen, you may have a viable defense to the crime. This is when you need an experienced criminal defense attorney to help you with your defense.

    False Declaration of Ownership of a Vehicle: Junkyard Sales

    Making a false representation of ownership of a vehicle in Oklahoma is against the law. This crime usually occurs when someone tries to sell a stolen car to the junkyard, for parts, or to a car “crusher.”

    In Oklahoma, the crime is defined as falsely declaring that you own a piece of property — such as a vehicle — sufficient to transfer title, ownership, sell, gift or exchange it for money, goods, services or for other property. Okla. Stat. tit. 47 § 592.8

    A car crusher is required to establish that a person has the legal right to sell a vehicle. Much like in the pawn shop setting, this can be done by a legal declaration of ownership.

    The declaration must state that the vehicle is being purchased from the lawful owner, accompanied by a bill of sale from the lawful owner which includes a statement by that owner that there are no outstanding liens on the vehicle and a statement that the vehicle has no other resale value other than as scrap. The owner must also produce their ID as part of the transaction.

    Making a false declaration of ownership or showing false ID in this situation is a felony in Oklahoma, punishable by either up to five years in prison or one year in the county jail at the court’s discretion, or a fine up to $1,000, or both.  Okla. Stat. tit. 47 § 592.9

    False Declaration of Ownership Through a Fake ID

    Another way this crime occurs through the use of a false ID. Possessing, selling, or creating a false ID is a crime in Oklahoma. Knowingly possessing or purchasing a false ID in itself is a misdemeanor, which carries fines between $25 and $200.

    The situation is more serious when you present that false ID as part of a false declaration of ownership in any commercial or financial transaction. To do so is a felony punishable by up to seven years in prison, or a fine up to $10,000, or both. Okla. Stat. tit. 21 § 1550.41

    Selling Timber That Doesn’t Belong to You

    Selling timber under false declaration of ownership is also illegal in Oklahoma. Much like making a false declaration in a pawnshop setting, the sentence here, if convicted, depends on the value of the property involved.

    If the timber sold is valued at less than $200, the crime is a misdemeanor punishable by up to one year in jail, a fine of up to $1,000, or both.

    If the timber sold is valued at more than $200, the crime is a felony punishable by up to five years in prison, a fine of up to $1,000, or both. Okla. Stat. tit. 21 § 16-66

    Initial Consultation: Tulsa Criminal Defense Attorney

    A conviction can mean years in prison depending on the circumstances involved. If you or someone you know is accused of making a false declaration of ownership in Oklahoma, contact an experienced Tulsa criminal defense attorney to discuss your available legal options as soon as possible.

    Consult with an experienced attorney at the Tulsa Criminal Defense Law Firm today, by calling (918) 756-9600, or toll-free at (888) 447-7262. The first consultation is low-cost.

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

  • Schedule Your Strategy Session Today



    • Tulsa Criminal Defense Law Firm Practice Areas

      tulsa ok criminal defense attorney

      500 W. 7th St, Ste. 114

      Tulsa, OK 74119

      Tulsa Criminal Defense Law Firm offers counsel and representation for most criminal defense matters, in Tulsa and the surrounding counties. The skilled defense team can represent you before charges are filed, during investitations or arrests, before trial, at trial, through the appeals process, and if necessary in any probation or parole processes.

      If you don't see your specific need listed here, call us. If we can't help we'll most likely know someone who can help with a unique criminal matter.