Criminal Expungement is the process which seals records and wipes clean conviction records for those who have been sentenced to deferred sentences. Suspended sentence judgments do not qualify for expungement.
There are two (2) difference expungement procedures and the one you qualify depends on several things:
Oklahoma statute Title 22 Section 16 (991c)
PLEASE NOTE: THIS EXPUNGEMENT ONLY EXPUNGES YOUR CONVICTION – NOT YOUR ARREST
At sentencing, a judge deferred your sentence for a specific period of time along with paying fine(s), court costs, possibly ordered you to perform community service or obtain counseling. This is called rules and conditions. Each sentence is different but to qualify for an expungement you must have completed each and every condition of your deferred sentence. You are eligible to request an expungement as soon as you complete the time. Oklahoma statute Title 22 Chapter 16, section 991c states:
Upon completion of the conditions of the deferred judgment, and upon a finding of the court that the conditions have been met and all fines, fees, and monetary assessments have been paid as ordered, the defendant shall be discharged without a court judgment of guilt, and the court shall order the verdict or plea of guilty or plea of nolo contendere to be expunged from the records and the charge shall be dismissed with prejudice to any further action. The procedure to expunge the record of the defendant shall be as follows:
1. All references to the name of the defendant shall be deleted from the docket sheet;
2. The public index of the filing of the charge shall be expunged by deletion, mark-out or obliteration;
3. Upon expungement, the court clerk shall keep a separate confidential index of case numbers and names of defendants which have been obliterated pursuant to the provisions of this section;
4. No information concerning the confidential file shall be revealed or released, except upon written order of a judge of the district court or upon written request by the named defendant to the court clerk for the purpose of updating the criminal history record of the defendant with the OSBI.
The deferred judgment procedure described in this section shall apply only to defendants who have not been previously convicted of a felony offense and have not received more than one deferred judgment for a felony offense with the ten (10) years previous to the commission of the pending offense.
The deferred judgment procedure described in this section SHALL NOT APPLY to defendants found guilty or who pled guilty or nolo contendere to a sex offense required by law to register pursuant to the Sex Offenders Registration Act.
Oklahoma statute Title 22 Section 18(A)(8) and Section 19(c)
This type of expungement occurs after the 991c expungement. This expunges your arrest record. If you’ve met the qualifications for expungement under the 991c described above and the conviction was dismissed, this is the final step to completely eliminate any record of the arrest.
The following conditions must be met:
1. The person was charged with one or more misdemeanor or felony crimes, all charges have been dismissed, the person has never been convicted of a felony, no misdemeanor or felony charges are pending against the person and the statute of limitations for refiling the charge or charges has expired.
2. 5 years have passed since the charge was dismissed (the 991c expungement).
Expungement is a detail specific process and each case is different. It is extremely important that the specifics of your case are correct. You will have leg work to do: filing, getting a court date and a judges signature on a notice of hearing, certified mailing to all law enforcement agencies involved, attending the final court date and then mailing certified copies of the final order to each law enforcement agency.
You see, it is a process that procedurally is quite detailed. But with my help, you can do it. I will take care of the wording and will guide you step by step through the whole process.
This is what I need:
1. A copy of the original Information sheet (charges) filed against you and any subsequent amended Information, if any.
2. A copy of the plea and sentencing paperwork (sometimes called a Judgment and Sentence, J&S for short).
I will prepare your documents based on the information contained in these documents you provide.
What you will need to gather is receipts showing you’ve paid your fines and costs in full; evidence of completion of any programs you were ordered to attend, that you voluntarily attended and proof of completion of community service if any. The judge will want to see these things.
You will also need envelopes, certified mailing cards from post office and postage.
There is no filing fee to file a Motion to Expunge. Other than mailing costs, the only other fee you will have to pay is $150 to the OSBI at the end when you send the signed order for them to clear your record.