A pardon or an expungement in Tulsa, Oklahoma can make it easier to get on in the world after you have been released from prison or jail. But they are different in what they accomplish and different in how they function. Here is what you need to know about their similarities and differences.
What is a Pardon?
A pardon is like being forgiven. It tells the world that although you have committed a crime, that crime has been pardoned. More importantly, it tells society that you are ready to take on the full cloak of citizenship again.
Getting a pardon is a long and technically tedious process, often best handled by an attorney. It can be the first step in getting an expungement.
You must fill out a lengthy and detailed application for a pardon and attach all the required documentation to the application. The application process is meant to prove that you have accepted responsibility for the crime, have served your sentence and paid all associated fines, court costs, restitution and probation fees, that you have stable employment and housing, and that you are ready to re-enter society.
What a Pardon Can Do for You
With a pardon, your criminal record still appears — but so does the pardon. It can make it easier to find a good job and make it easier to find better living accommodations. Without a pardon, both employers and landlords may be more reluctant to open their doors to you.
A pardon makes it possible for you to vote, hold public office, and take full part in civic life.
A pardon makes it possible for you to get or renew professional licenses such as nursing, CPA, and the like. It also reinstates your rights to own and operate firearms. While this may not be important for everyone, many jobs in security require the use of firearms.
How is an Expungement Different?
An expungement is like an erasure of your all or part of your criminal record. There are two types of expungement: of your entire criminal record under Okla. Stat. tit. 22 § 18 and expungement of your name from court records under Okla. Stat. tit. 22 § 991c (a deferred sentence expungement).
In a Section 18 expungement, your criminal records are sealed and no longer appear as part of the public record. It is as if the crime never happened. This is a complete erasure of the record.
A Section 991c expungement is much less complete, but also much easier to qualify for.
Because not everyone qualifies for a Section 18 expungement, often a Section 991c expungement (also known as a deferred sentence expungement) acts as a stepping stone to a full expungement.
In cases where a deferred sentence is handed down by a judge, you will qualify for a deferred sentence expungement as soon as all the conditions of the deferred sentence are met. Those conditions can include such things as letting enough time pass without getting into further legal trouble, attending counseling or anger management classes, making full restitution to the victim, or anything else ordered by the court.
Once the expungement is filed and complete, your record will show a “not guilty” plea and will show a dismissal of the charge. The arrest record remains.
Section 18 Expungement: More Complete and More Difficult
A Section 18 expungement seals all of your criminal records. Once granted, this type of expungement wipes your slate clean.
The downside is that not all convictions qualify, it takes a long waiting period to qualify, and it is difficult to obtain.
It takes at least five years of waiting time for most convictions to qualify. And only non-violent crimes qualify.
Until recently, the waiting time was 10 years. But new laws in Oklahoma are making it easier to move on.
If you were convicted of a misdemeanor crime involving a fine of less than $501, you can get an immediate expungement.
In order to qualify for a Section 18 expungement, you must not be in prison or jail or have any charges pending against you. (See Okla. Stat. tit. 22 § 18.)
The processes for pardon and for expungement are highly technical. Mistakes can be costly and most often, when made, cause a rejection of the application or petition. It is best to hire an experienced attorney and get it right the first time.
Initial Consultation: Tulsa Pardon and Expungement Attorney
Whether you are seeking a pardon or an 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 1-888-447-7262. If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.
