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    • expungement attorneys in Tulsa Oklahoma

    Audrey Howitt

    Records expunged in Tulsa, Oklahoma, lawyer

    If you are shopping around for a records expungement in Tulsa, you want to be well versed in the types of expungements available and the records that can be sealed with those expungement petitions.

    A petition for expungement is a formal petition with the court. An expungement can be difficult to obtain and difficult to qualify for. You need the help of an experienced Tulsa expungement attorney if you are thinking about getting your criminal records expunged,

    There are, in fact, a number of differing types of expungements, and they pertain to particular records. In addition, they all have different qualifying criteria.

    There are three basic types of expungements:

    • of entire criminal records,
    • of restraining orders, and
    • of partial criminal records.

    In general, only nonviolent felonies and misdemeanors qualify for any kind of record expungement.

    Criminal Records Expungement

    A criminal record expungement is a complete sealing of all of the records that pertain to a criminal proceeding. This includes the arrest record, the court files, and all online court records. If you qualify for this kind of expungement, there will no longer be any mention of the crime anywhere in your record. It is as though the crime was never committed. Okla. Stat. tit. 22 §§ 18, 19

    If you are seeking a fresh start and can qualify for this type of expungement, if granted, it will allow you to move on with your life.

    It used to be that it took 10 years to qualify for this type of expungement. But Oklahoma recently passed new laws shortening the waiting time and allowing more people to qualify sooner. For many convictions, the waiting time was shortened to five years. For some misdemeanors, those with fines under $501 and no jail time, you can petition the court to seal your records as soon as your fine is paid.

    For misdemeanor convictions with jail time or fines in excess of $501, you must wait five years. Other misdemeanors subject to a deferred judgment or suspended sentence involve a one-year waiting period. Okla. Stat. tit. 22 § 18

    Violent felonies do not qualify for expungement.

    A Partial Record Expungement Can Help

    A deferred sentence expungement is a much less complete sealing of records but can be helpful. Okla. Stat. tit. 22 § 991c

    A deferred sentence allows a defendant to avoid jail time if the defendant complies with all the court’s orders and stays out of further trouble during the time prescribed by the court.

    Deferred sentences are particularly useful in cases where the underlying crime is not particularly serious and the court feels that the defendant can make positive steps toward rehabilitation. For example, a judge may order a defendant charged with domestic violence to attend anger management classes, individual counseling, and to stay out of trouble for one year. The defendant must also have paid all fines, court costs, and any restitution the court ordered. At the end of that time, a defendant can obtain a deferred sentence expungement.

    This type of expungement allows the defendant’s record to show that he pleaded not guilty and the case was dismissed. However, the original arrest record remains and the court records showing the plea and the dismissal will still be available for public viewing.

    This type of expungement can be particularly helpful if your underlying crime does not qualify for a full record expungement, or if you are waiting to qualify for a full record expungement.

    Protective Order Expungement Available Under Some Circumstances

    A protective order, if issued against you, will remain on your criminal record unless you qualify an expungement. Protective orders do not always qualify for expungement. But there are four situations in which the protective order can be sealed and your record restored.

    In the first situation, either a full hearing never occurred or the petition for a restraining order was denied. An ex parte protective order may have been issued, but it was dismissed or denied at or before the hearing occurred.

    In the second situation, again there is no full hearing on the petition and so the order for a full restraining order was never granted. This may happen if the victim fails to appear at the hearing.

    In the third situation, the restraining orders have been vacated and three years have passed since the order to vacate was entered.

    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

    In addition to the above qualifying situations, there are some time constraints. Check with an experienced Tulsa expungement attorney.

    Free Consultation With A 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

    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.

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