Audrey Howitt

There are two types of expungement possible in Tulsa, Oklahoma. A Section 991c expungement removes your name from court records, while Okla. Stat. tit.22 § 18 allows expungement of your entire criminal record.

These expungements are different, and it is helpful to understand what the differences are.

What is a Section 991c Expungement in Tulsa?

A Section 991c expungement allows a person who has received a deferred sentence to expunge their plea. Once the expungement is complete, the status of the disposition of the case shows that it has been dismissed. The record shows that you pled “not guilty,” and that the case was dismissed. It will not expunge or remove the arrest record. That remains intact.

A 991c expungement is often referred to a deferred sentence expungement.

In order to qualify for a Section 991c expungement, you must have completed all the terms of your probation, including the completion of all community service hours, all counseling, drug treatment, and the like. You must have paid all your fines, court costs, and any court-ordered restitution. Finally, you must have served the entire term of your deferred sentence.

A Section 991c expungment does not clear your name from all court records including those available Websites operated under contract for courts like ODCR, or remove arrest records. A more complete expungment is available under Section 18 of Oklahoma’s criminal code.

What is a Section 18 Expungement in Tulsa?

A Section 18 expungement is a more complete expungement in Oklahoma. It seals all criminal records, including the court and arrest files.

A Section 18 expungement is also more difficult to obtain. It often takes longer to qualify for, and only certain crimes are eligible for this fuller expungement.

It is common to obtain a Section 991c expungement while you are waiting to qualify for the more complete criminal records expungement in Tulsa. A Section 991c deferred sentence expungement may also be sought and granted if you do not qualify for a Section 18 expungement.

The rules and procedures for expungements are complicated. It is best to have an experienced Tulsa expungement attorney help you during the process. Your attorney can help you understand your situation and if you are eligible, can help you put the past behind you.

Low-cost Consultation With an Experienced Tulsa Expungement Attorney

We care about your freedom and peace of mind. Call the compassionate lawyers at the Tulsa Criminal Defense Law Firm for a initial, no-hassle, confidential consultation at (918) 256-3400.

Or, as always, you may enter a legal question in the form at the top right of this page.

Not every conviction is eligible for expungement in Tulsa, Oklahoma. Expungement is a sealing of records that makes those records unavailable for public viewing. It is as if those records have been erased. This can make it much easier for a person to move on with their life after a scrape with the law.

Under new laws in Oklahoma, if you are asked about an expunged conviction, you can truthfully answer that the event never took place. If you are interested in pursuing an expungement for a conviction, it is helpful to know what kinds of convictions are eligible and which are not.

Non-Violent Felonies May Be Expunged

Non-violent crimes are eligible for expungement in Tulsa. New legislation has shortened the waiting time for eligibility from 10 years to five years after the completion of a deferred judgment or delayed sentence on a non-violent felony charge. Okla. Stat. tit. 22 § 18

So what is the difference between a violent crime and a non-violent crime? One way to think about this difference is by separating crimes against people from crimes against property. Crimes against people are often violent in nature. Crimes against property are not.

Violent crimes in Oklahoma include:

• 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; 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; conjoint or armed robbery; robbery with a dangerous weapon or (imitation) firearm; robbery in the first or second degree;
• child abuse; lewd or indecent act/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; inciting to riot;
• criminal syndicalism;
• seizure of a bus; discharging firearm or hurling missile at bus; using a vehicle to facilitate the discharge of a weapon;
• mistreatment or abuse of a mental patient, or of another vulnerable adult who is a resident in a nursing facility;
• bombing offenses; sabotage; terrorism crimes.

If you are convicted of any of the above crimes, you will not be eligible for an expungement in Tulsa.

Misdemeanors are Eligible for Expungement in Tulsa

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.

You must wait five years after completing a sentence in a misdemeanor conviction that resulted in jail time or a fine in excess of $500.

Oklahoma State Protective Orders May Be Expunged

Sometimes, relationships end up in trouble. Protective orders are often necessary to calm things down in a troubled relationship.

But the long-term effects of a protective order or a restraining order on your record can be just as devastating as having a criminal conviction. It can be difficult to obtain employment and housing.

Therefore, the Oklahoma legislature has provided a mechanism for expungement of a protective order in certain circumstances. There are four situations in which you can expunge a protective order:

1. There has been an ex parte order for protection issued, but the ex parte order 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

In order to obtain an expungement in Tulsa, you must file for expungement in the district court where the protective order was originally filed. There are specific notice requirements for the filing of any Petition for Expungement. All of these must be observed for the expungement to be granted.

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

Low-cost Consultation With an Experienced Tulsa Expungement Attorney

We care about your freedom and peace of mind. Call the Tulsa expungement lawyers at the Tulsa Criminal Defense Law Firm for a initial, no-hassle, confidential consultation at 918-256-3400.

Or, as always, you may enter a legal question in the form at the top right of this page.

We can all make a mistake and end up on the wrong side of the law. Tulsa criminal records can happen to the best of us. We learn and move on.

Oklahoma laws passed in 2016 make it easier than ever to move on. With the help of an experienced attorney, you can expunge non-violent Tulsa criminal records.

What is an Expungement of Tulsa Criminal Records?

An expungement is a sealing of Tulsa criminal records that acts as an erasure. It is as if the crime never occurred.

You may wonder how this is possible, but the benefits are clear. Imagine for a moment that you had a magic eraser and could go back and just erase that mistake.

Once records are expunged, it is as if the criminal action never occurred. Also, when you’re asked if you have ever been convicted of a crime, you can legally say “no.” Okla. Stat. tit. 22 § 19(F)

That makes it easier to get a job, to get rental housing, and to get loans at a lower interest rate. It allows you to get and keep professional licenses. Increasing your ability to work and earn correlates to more peace of mind and more success in both your personal and professional life.

How Do I Get an Expungement?

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 a more complete expungement — it seals the arrest record, court records, and online court records and background checks.

It requires a complicated application process best handled with an attorney, and is available to anyone within the following categories:

• you were acquitted of the crime; or
• your conviction was reversed by a higher court and the matter 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 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.

You may also 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. 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 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.

Violent felonies are not eligible for a Section 18 expungement.

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.

It can be easy to confuse getting a pardon with getting an expungement Tulsa Oklahoma. Both make it easier to move on with your life after a scrape with the law.

However, they are different, and it is important to understand how each of these function.

What is a Pardon in Oklahoma?

A pardon is an “act of grace and mercy bestowed by state through chief executive, upon offenders against its laws.” (Ex parte Jones, 25 Okl. Cr. 347, 220 P. 978 (1923)). It is issued by the Governor of Oklahoma, and acts as an official statement of forgiveness. It is a tool to welcome a convicted felon back into society as a full citizen. It does not act a commutation of a sentence.

It is not a statement of innocence in and of itself. 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.

However, a pardon is a strong and official recognition that you have turned your life around and are now a law-abiding citizen. In that sense, a pardon can act as a mitigating factor to some of the ill effects that a criminal record carries.

Although it does not erase a criminal record, you can use a pardon with potential employers and landlords. It can restore your right to vote and can help you obtain or keep certain professional licenses.

The process to obtain a pardon in Oklahoma is a long and complicated one. In some cases, it can also be a first step toward expungement.

Getting an Expungement Tulsa Oklahoma

There are two types of expungement possible in Oklahoma.

The first is expungement of your entire criminal record — a more complete erasure of records. Okla. Stat. tit. 22 § 18

Your second option is expungement of your name from court records — a less complete erasure of records. Okla. Stat. tit. 22 § 991c

These expungements are different and it is helpful to understand these differences. The sealing and erasure of records allows a person to move on with their life.

Section 991c — a Deferred Sentence Expungement

A Section 991c expungement Tulsa Oklahoma allows a person who has received a deferred sentence to expunge their plea. Once the expungement is complete, the case record shows that you pled “not guilty” and that the charge was dismissed.

It will not expunge or remove the arrest record. That remains intact. It is a less complete erasure of records than is a Section 18 expungement, but far easier to qualify for and obtain.

It is common to obtain a Section 991c expungement while you are waiting to qualify for the more complete criminal records expungement (Section 18), or if you do not qualify for a Section 18 expungement.

In order to qualify for a deferred sentence expungement, you must have completed all the terms of your probation, including the completion of everything the court has ordered. This may include community service hours, counseling, drug treatment, anger management classes, and the like. You must also have paid all fines, court costs, and restitution ordered by the court, and you must have served the entire term of your deferred sentence.

Section 18 Expungement

A Section 18 expungement seals all of your criminal records, including court and arrest files. It is also more difficult to obtain. It often takes longer to qualify for, and only certain crimes are eligible.

New laws in Oklahoma have shortened the waiting time for eligibility from 10 years to 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 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.

Violent felonies are not eligible for a Section 18 expungement Tulsa Oklahoma.

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 are thinking about pursuing an expungement of your criminal court records in Tulsa OK, you might want to know what records can be expunged.

Different expungements are used for different records in Oklahoma, and each type of expungement has its own qualifying criteria.

In general, the following type of court records in Tulsa OK can be expunged: arrest records, Oklahoma state-issued emergency protective orders, misdemeanors, and non-violent felonies.

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

Expungement of Criminal Court Records in Tulsa OK

This is the most complete type of expungement you can obtain under Oklahoma law. A criminal records or a Section 18 expungement 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, the law allows you to legally answer that the incident never happened if you are asked. Okla. Stat. tit. 22 § 19

A Section 18 is also the most difficult kind of expungement to obtain. Only certain convictions qualify. Also, 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. This is the case for a misdemeanor with no jail time and a fine under $501.

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

You must wait five years after completing a sentence in a Tulsa misdemeanor conviction that resulted in jail time or a fine in excess of $500.

Recent laws have shortened the waiting period for other convictions from 10 years to five years. However, you cannot obtain any expungement of criminal records for a violent felony under any circumstances. Okla. Stat. tit.22 § 18

Deferred Sentence Expungement

A 991c is also known as a deferred sentence expungement. 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 to show that it has been dismissed. Okla. Stat. tit. 22 § 991c

A deferred sentence expungement is much easier to qualify for and a much quicker option than a Section 18 expungement. In order to obtain this kind of expungement in Tulsa, all you need do is complete 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 any restitution the court ordered. Finally, you must have served the entire term of your deferred sentence.

With a Section 991c expungement, the record shows that you pled “not guilty” and that the case was dismissed. It will not expunge or remove the arrest record, nor will it remove your court records in Tulsa OK. All records related to your arrest and conviction will still be available.

A 991c is often used as a stopgap measure while waiting for the eligibility time to accumulate for a full criminal records expungement under Section 18. It may also be used if you do not qualify for a Section 18 expungement.

Protective Order Expungement

Protective orders are often necessary to calm things down in a troubled relationship. But the long-term effects of a protective order or a restraining order on your record can be just as devastating as having a criminal conviction. When it appears on your record, it can be difficult to obtain employment and housing. Landlords and employers don’t like to see it.

There are four situations in which you can expunge an Oklahoma state-issued 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 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 you or the plaintiff is deceased.

Okla. Stat. tit. 22 § 60.18

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.