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An Oklahoma expungement attorney helps individuals clear or seal their criminal records by guiding them through the legal process of expunging their record including, determining eligibility, filing petitions, and representing them in court. An expungement attorney helps their clients remove past arrests, charges, or convictions from public view, improving opportunities for jobs, housing, and other rights.
It is important to hire a criminal defense law firm that is familiar with the expungement process in Oklahoma to ensure that all paperwork is filed on time and to represent the individual seeking expungement in court.
Due to the complex process of filing an expungement in Oklahoma, it is recommended to hire an attorney to help. If you or a loved one has been convicted of a crime, you may be eligible to have the criminal record of your conviction expunged. You need an Oklahoma City criminal law firm, and you need one right now. Contact the Law Offices of Adam R. Banner, P.C., and retain an accomplished expungement attorney ready to fight for your rights. Call us today at (405) 778-4800 for a free consultation.
It is possible to expunge a criminal record without the help of an attorney, however, the Oklahoma State Bureau of Investigation (OSBI) recommends hiring a lawyer to help with the expungement process. The language describing how to obtain an expungement is in Title 22 Section 18, and Title 22 991(c) of the Oklahoma Statutes. However, the expungement laws in Oklahoma change frequently, including as recently as 2022, so it is best to hire an attorney who is familiar with the current process.
An expungement is the process of removing or sealing a criminal record from public access. Expunging a record makes it unavailable to employers, landlords, and most background checks. In Oklahoma, an expungement clears arrests, charges, or convictions. There are three types of expungements in Oklahoma including
Expunging your record is the process a defendant must endure in order to get the record of a criminal conviction or arrest removed by Court Order. Depending on the type, there are many regulations and rules that must be followed. Moreover, there are multiple government agencies that must be contacted and put on notice. Those agencies ultimately will agree or object, in which case a contested hearing may have to be held in order to complete the process. Once complete, the record is deemed not to exist and the Defendant may deny the existence of the court records for most intents and purposes.
Yes. A Section 18 expungement seals an individual's entire arrest record, effectively "clearing" their respective record. An expungement wipes the arrest and the criminal disposition clean from your Oklahoma State Bureau of Investigations (OSBI) record, and removes any information related to the criminal charge, and the expungement lawsuit itself, from the internet.
A Section 991(c) expungement allows a person who received a deferred sentence to expunge their plea, and have the disposition of their case updated to show the case has been dismissed. The disposition will say, "pled not guilty, case dismissed". However, a 991(c) expungement will not expunge (remove) the arrest record.
These two types are not mutually exclusive. That is to say, a person can petition for both a 991(c) when he or she becomes eligible and then petition from a Section 18 when he or she becomes eligible for that relief as well.
Expunging your record clears you of having a criminal record to one degree or another depending on the particular type that you qualify for. A pardon does not clear your record. To the contrary, a pardon only returns some of your civil rights that may have been taken from you once convicted of a felony. To learn more about how to get a pardon in Oklahoma, contact one of our criminal defense attorneys who can analyze your case.
In order to have an arrest and criminal record expunged you must petition the District Court in the District the arrest was made. In most cases, you have to file an actual civil lawsuit against the state of Oklahoma requesting that your arrest record, and all other records related to the case, be expunged from public access. This is an intricate process with many potential pitfalls. Once the lawsuit is filed, there is quite a bit of legal "red tape" that must be properly navigated in order to achieve a successful result. Consequently, you will be well advised to hire a lawyer to assist you in filing your lawsuit.
No, the only requirement for expunging a criminal record is that you meet the qualifications statutes before an expungement can be granted. Depending on what you are trying to expunge, and how much time has passed since the record was created, you may or may not meet the qualifications of the statutes. This is another reason why it is so important to consult with, and hire, an experienced felony attorney who is familiar with the expungement process.
No. When a petition for expungement is filed, there are occasions in which either the arresting agency, the District Attorney's office, or OSBI may object to the expunging of certain court records. The OSBI will object to a petition if it feels that the public interest in retaining the record outweighs the adverse consequences of keeping the record. Even if a person qualifies to have their criminal record expunged, both OSBI and the District Attorney's office can object on policy grounds.
