Criminal Procedure

A criminal conviction can haunt you long after you have paid your debt to society. Mistakes in judgment that you made early on in life may needlessly stigmatize you for the rest of your life, and a criminal record can make it difficult for you to get a job, obtain an education and create a better life for yourself.

However, you don’t have to let your past mistakes prevent you from enjoying a better future. In 2012, changes to Oklahoma law made it easier to expunge your criminal record. This article discusses why you might want to expunge your criminal record in Oklahoma.

What Does it Mean To Expunge Your Criminal Record in Oklahoma?

An expungement is a court order that seals your criminal record so it is no longer available to the public. It essentially clears any record of your arrest or prosecution.

To expunge your criminal record in Oklahoma, you have two different options:

1. Expungement under Title 22 O.S. § 991c, which seals your name only from court records.

2. Expungement under Title 22 O.S. §18, which seals your name from court records and erases your criminal history with the Oklahoma State Bureau of Investigation.

Why Should You Expunge Your Criminal Record in Oklahoma?

Expungement offers many advantages for those who have a criminal record. Here are some common reasons why you might want to expunge your criminal record in Oklahoma:

• Federal law and most state laws do not forbid discrimination based on a criminal past. Employers can legally choose to not hire you if you have a criminal record. An expungement will prevent your criminal record from coming up in a background search.

• Expunging your criminal record can even be an advantage to you if you are self-employed. Past criminal charges can be a red flag to future business partners and associates, who may research your background before entering into business with you. In addition, your record may be taken into consideration while negotiating government contracts and other such business endeavors.

• Most housing laws do not forbid discrimination based on prior criminal records.  Therefore, landlords can legally refuse to rent to you if you have been convicted of a crime, or even if you were charged and later found not guilty. This can limit your housing options and have a serious impact on your quality of life.

• In many cases, a second or subsequent arrest for a particular crime may result in harsher penalties if you are convicted. In addition, if you were previously charged with an offense, then later charged with a new offense, you will be prevented from filing for an expungement until the new charge is resolved. The result of the new charge may then cause you to be ineligible for expungement altogether. So, expunging your criminal record before you receive another charge will seal your current records and minimize the impact of any future charges you may receive.

If you believe that you are eligible for expungement of a non-violent felony, misdemeanor, juvenile offense or a suspended sentence, you should consult with an Oklahoma expungement lawyer to evaluate your case.

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 your expungement questions regarding your specific case.

Simply call a Tulsa Expungement Attorney  at (918) 256-3400 for a initial, no-hassle, confidential consultation. If you prefer a felony defense attorney on our  team to call you or reach you by email, click here to ask your questions via the easy to fill-out online consultation request form.

Everyone convicted of a crime in Oklahoma has the statutory right to an appeal. If the appellate court decides to grant the appeal, it may choose to reverse the trial court’s decision, in whole or in part.

When Does a Reversal Occur in Oklahoma?

A reversal occurs when an appellate court rules that the lower court’s ruling was incorrect and and reverses the judgment. When this happens, the lower court is ordered to either dismiss the case, modify its judgment or retry the case entirely.

What is Required for the Appellate Court to Reverse a Lower Court’s Ruling?

A reversal may be granted for any of the following reasons:

• Legal or procedural errors

• Jury misconduct

• Prosecutorial misconduct

• Ineffective assistance of counsel

• New evidence

For example, an appellate court may find that a trial court must change its ruling because the state prosecutor withheld vital evidence. The appellate court may then order the trial court to reverse its guilty verdict, or retry the case with new instructions to avoid the errors made in the original trial.

What Happens When the Appellate Court Reverses a Lower Court’s Ruling?

A judgment is usually reversed entirely, and the case is sent back to the trial court for the judgment to be modified, or for the case to be dismissed or retried. In some cases, however, the appellate court may only partially reverse the trial court’s judgment. For example, the appellate court may uphold the conviction, but find that there was an error made in how the defendant was sentenced. In this instance, the conviction will be confirmed and the case will be sent back to the trial court for re-sentencing only.

Confidential Consultation: Tulsa, Oklahoma Appellate Lawyer

When you’ve been convicted of a crime in Tulsa or any surrounding Oklahoma county, it’s time to retain an Oklahoma appellate attorney who will help you exercise your right to appeal your conviction. Contact your defense team at Tulsa Criminal Defense Law Firm today for a initial, confidential consultation.

A Tulsa, Oklahoma appellate lawyer can advise you on how the appeal process works and offer answers to your specific questions. To begin your low-cost initial strategy session, call now: (918) 256-3400. Or, if you prefer an Oklahoma appellate lawyer on our  team to call you or reach you by email, click here to ask your questions via the easy to fill-out online consultation request form.

In most states, a juvenile can be charged in the same manner as an adult for almost any crime. However, correctional methods for adults are are often inappropriate for juvenile offenders. Thus, the Federal Juvenile Delinquency Act was established, upon which the Oklahoma juvenile legal system is based, to deal with criminal offenses committed by minors.

The aim of this law, which prescribes rules and procedures that states must follow when dealing with underaged suspects, is to employ rehabilitation and occupational training to prevent juveniles from becoming repeat offenders. This article discusses briefly the legal process for juvenile offenders in Oklahoma. For more detailed information, consult a knowledgeable juvenile defense attorney.

Juvenile Criminal Procedure in Oklahoma

In Oklahoma, when a juvenile is charged with a crime, the charges will typically be handled in a juvenile court, as opposed to a regular criminal court.
These  cases, referred to as “delinquent cases,” include a wide variety of criminal charges, among them:

• Underage DUI, DWI, and drunk driving.
• Drug possession, possession of drug paraphernalia, and various other drug-related charges.
• Truancy.
• Shoplifting.
• Vandalism.
• Theft or other property crimes.
• Burglary.
• Robbery.
• Rape.
• Assault and battery.
• Shootings and other violent crimes.

In accordance with Oklahoma juvenile procedure, if a police officer suspects a juvenile of committing a crime, the juvenile may be either:

• detained, warned, and released;
• detained, warned, and released into the custody of a parent or guardian; or
• detained, held in custody, and his or her case referred to a juvenile court for assessment.

If the case is referred to a juvenile court for assessment, the intake officer or the prosecutor will make a decision as to whether the case will be:

• Dismissed, in which case the juvenile will normally be released into the custody of a parent or legal guardian.
• Handled informally, in which case the juvenile will be brought before a probation officer or judge to be warned to avoid future offenses. The judge may also order the minor to attend counseling or an after school program, or to perform community service. The judge may put the minor on probation or continue to hold him/her in custody. In addition, the juvenile may be required to pay a fine and reimburse the victim(s) of his/her crime for whatever loss or damage to property occurred as  a result.
• Formally charged, in which case a petition will be filed with the juvenile court and the case will be placed on the court’s calendar. Afterwards, the juvenile will be formally charged before a juvenile court judge or referee. At this point the judge will decide upon a “fitness hearing,” in which the decision will be made to try the defendant as a juvenile or as an adult in a regular court.

If the defendant is to be tried as a juvenile, he or she has the option of accepting a plea bargain or going to trial (adjudication).

If pursuant to the trial, the judge “sustains the petition,” which means the charges are upheld, the defendant will receive a sentence (a disposition) and may be ordered to appear in court periodically afterwards, so that his or her behavior may be monitored.

Initial Consultation: Tulsa Juvenile Defense Attorney

If your child is facing charges under the juvenile legal system in Oklahoma, your child’s future may very well be at stake. You should waste no time in contacting an attorney who is experienced in juvenile defense and who can assist you in getting your child out of the juvenile system, out of trouble, and back on the right track.

Contact the defense team at Tulsa Criminal Defense Law Firm today for a low-cost confidential consultation. A Tulsa criminal attorney can advise you how the criminal justice process works and offer answers to your specific questions. To begin your low-cost initial strategy session call now: (918) 256-3400.