• criminal attorneys in Tulsa OK

  • (918) 256-3400

  • ☰

    • Tulsa Criminal Defense Law Firm

    Oklahoma Defense Blog

    • criminal records expungement attorneys in Tulsa Oklahoma

    Audrey Howitt

    How will having a Tulsa County conviction expungement help me attorneyRegain peace of mind and move on with your life. Oklahoma has recently made it much easier to get criminal record expungement for nonviolent crimes.

    If have a conviction on your record — whether for a misdemeanor or a felony — this question on job and rental applications, “Have you ever been convicted of a crime?” can haunt you long after you have paid your debt to society. Expungement can help.

    Many employers these days require a background check. Many job applications ask you outright if you have been convicted of any crime. An affirmative answer often will mean automatic rejection. A good-paying job is a fundamental building block to security, prosperity, and peace of mind.

    Now imagine saying “no” and having that answer reflect your criminal history on record. An expungement erases most everything in your criminal records, including your arrest records. It seals the arrest record, court records and online court records. It also erases your criminal history on third party websites, and with the Oklahoma State Bureau of Investigation, the Department of Corrections, and other sources. Okla. Stat. tit. 22 § 18

    Expunging or sealing your criminal record can be almost like waving a magic wand and undoing your criminal mistake. The right expungement can make it possible to seal every reference to your criminal record.

    How to Get A Full Expungement

    Not every criminal conviction is eligible for expungement. Only nonviolent crimes may be expunged. And although the Oklahoma legislature recently shortened the waiting time post-conviction to apply for expungement, it can be a tedious and difficult process to obtain one.

    It requires a complicated petition that is best handled by an experienced Tulsa expungement attorney.

    What Are the Qualifications for Expungement?

    In general, misdemeanors and non-violent felonies qualify with differing waiting times post-conviction. Violent felonies will not qualify.

    You may also qualify if:

    • you were acquitted,
    • your case was overturned and then dismissed,
    • DNA evidence later exonerated you,
    • you received a full pardon based on innocence,
    • you were arrested, but never charged and the time for filing those charges has expired,
    • or you were under 18 years old at the time of the conviction and you have received a full pardon. Okla. Stat. tit. 22 § 18

    Before the Oklahoma legislature took action to shorten the waiting time, you had to wait 10 years after completion of your felony sentence to begin the process. New legislation has shortened this time to five years in many cases.

    Waiting times for other convictions vary. You should check with an experienced attorney to see if your conviction qualifies and if you have waited long enough to apply.

    There are other situations in which an expungement may be granted.

    Once granted, the expungement seals your criminal records from public viewing. It’s as if the crime never occurred. Once records are sealed, you are free to say nothing about it to employers. In fact, if asked if you have ever been convicted of a crime, you can lawfully say “no.” Okla. Stat. tit. 22 § 19(F)

    You can qualify for professional licenses, bonds, security clearances again. Housing is easier to obtain. You may own or operate firearms again. Doors that were once closed, reopen. This allows you to get a fresh start and to move on with your life.

    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

    Regain your peace of mind. An experienced Tulsa expungement 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

    Not all expungements are created equal. And since needs are different, expungements are different as well. Some expungements seal or erase your entire criminal record. Some do not. A deferred sentence expungement does not.

    Here is what you need to know about deferred sentence expungements in Oklahoma, what they do, and how they differ.

    Basic Expungement in Oklahoma

    If I get Oklahoma deferred sentence expungement, can prosecutors still see it lawyer?To expunge something means to erase it. It is the same as sealing your records from public view. There are two basic types of expungement in Oklahoma, and they work differently.

    One type of expungement seals your entire criminal record for that particular crime, including your arrest record. This is known as a criminal record expungement, or a Section 18, expungement. Okla. Stat. tit. 22 § 18

    The other type of expungement is called a deferred sentence expungement, and while it expunges some things in the record, it is not a complete expungement of the record. Okla. Stat. tit.22 § 991c

    Section 18 Expungements: The Complete Deal

    This type of expungement is a complete sealing of all records pertaining to that crime and your involvement in it. It seals the arrest and court records, and prevents the crime from appearing on a background check and from appearing on all online records.

    Once the record is expunged, it is as if the crime never existed on your record. This can be extremely valuable when applying for housing or a job. If asked whether you have been convicted of a crime, you may legally answer “no” once this type of expungement has been granted.

    How to Get a Section 18 Expungement

    This type of expungement is granted after making a formal petition to the court in the county where your criminal records are on file. It is a complicated procedure and may be granted under any of the following circumstances:

    • The defendant was acquitted at trial;
    • The conviction was reversed with instructions to dismiss the charges. This is done at the appellate court level. And the matter must have been dismissed;
    • The defendant was later proven innocent either through DNA or other evidence;
    • The defendant later received a full governor’s pardon based on a finding of innocence;
    • The defendant was arrested but not charged, and the statute of limitations for the crime has passed; or
    • The defendant was a minor when the crime was committed and has since received a full pardon.

    There are other situations that will qualify for an expungement. The crime charged must be either a misdemeanor or a nonviolent felony. In general, there must be no other charges pending and the defendant must have completed all aspects of the court’s delayed sentence.

    In addition, the defendant must have waited the requite time: one year for a misdemeanor and five years for a felony. These conditions get quite technical depending on the situation, including the number and type of prior convictions and the fines imposed, if the crime at issue is a misdemeanor. Okla. Stat. tit. 22 § 18

    An experienced Tulsa expungement attorney can help you determine if you qualify for a complete criminal record expungement.

    Section 991c Expungements: Deferred Sentence Expungement

    Not everyone qualifies for a complete record expungement. Those who do not may opt for a deferred sentence expungement under Section 991c. This type of expungement is allowed after the completion of all the court’s orders in a deferred sentence.

    Once all orders — including the duration of the deferred sentence, all fines, restitution, probation fees, and all other court orders — have been complied with, a defendant may apply for this type of expungement.

    With a Section 991c expungement, the record shows that the defendant pleaded “not guilty” and the case was dismissed. It does not seal or remove the arrest record. These records remain open to public viewing and will appear on a background check.

    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.

  • 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.