If you are seeking an Oklahoma expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the Oklahoma Expungement Kit is ready.
Requirement(s) to qualify for an expungement in Oklahoma
The expungement allows for a plea of guilt or no contest after the successful completion of a deferred sentence.
- The requirements include:
- the defendant was acquitted;
- the conviction was reversed with instructions to dismiss or the prosecutorial agency dismissed the case after such reversal;
- the statute of limitations on the offense expired and no charges were filed;
- the defendant was under eighteen at the time the crime was committed and has been pardoned;
- the offense was a misdemeanor, the person has no other convictions and no pending cases, and at least ten years have passed since the judgment was entered;
- or the offense was a non-violent felony, the person has no other convictions or pending cases, the person has been pardoned, and at least ten years have passed since the conviction;
- factual innocence has been proven by DNA evidence after a conviction.
- To expunge juvenile court records:
- a person who reaches the age of 21, not been arrested for any adult criminal offense and no charge, indictment, or information has been filed or is pending against the person at the time of the petition for an expungement;
- is not been subject to any deferred prosecution or deferred sentence, and has not been convicted of any criminal offense;
- and all court costs, restitution, fines and other court-ordered requirements have been completed for all juvenile proceedings.
- If the accused person sought to be tried as an adult is certified as a child to the juvenile division of the district court, then all adult court records relative to the accused person and this charge must be expunged and any mention of the accused person must be removed from public record. This expungement is automatic as a matter of law.
- court may order a youthful offender discharged from the supervision or custody of the Department of Juvenile Justice without a court judgment of guilt, and order the verdict or plea of guilty or plea of nolo contendere expunged from the record as provided, if the court finds that the youthful offender has reasonably completed the rehabilitation plan and objectives and that such dismissal will not jeopardize public safety.
- In the case of violation of criminal municipal ordinances, upon completion of the probation term following a deferred sentence, the defendant shall be discharged without a court judgment of guilt, and the verdict, judgment of guilty or plea of guilty shall be expunged from the record and said charge be dismissed with prejudice to any further action. This expungement is automatic as a matter of law.
- First-time drug offenders who successfully complete all terms of a deferred sentence are allowed to be discharged and have proceedings against them dismissed.
Any additional restrictions on who can qualify for an expungement
Upon the motion of the youthful offender and three years after such discharge and dismissal, the court may order any law enforcement agency to produce all files and records pertaining to the arrest and conviction of the youthful offender and must order the clerk of the court to destroy the entire file and record of the case, including docket sheets, index entries, court records, summonses, warrants or records in the office of the clerk or which have been produced by a law enforcement agency in which the name of the youthful offender is mentioned. The court may order probation officers and counselors of the Office of Juvenile Affairs to destroy all records, reports, and social and clinical studies relating to the youthful offender that are in the possession of the Office of Juvenile Affairs, except when the documents are necessary to maintain state or federal funding.
Does the law provide for sealing? What are the requirements?
For Oklahoma statute "expungement" shall mean the sealing of criminal records. Records expunged shall be sealed to the public but not to law enforcement agencies for law enforcement purposes.
Persons authorized to file a motion for expungement/sealing, as provided herein, must be within one of the following categories:
- The person has been acquitted;
- The conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction, or an appellate court of competent jurisdiction reversed the conviction and the district attorney subsequently dismissed the charge;
- The factual innocence of the person was established by the use of deoxyribonucleic acid (DNA) evidence subsequent to conviction;
- The person was arrested and no charges of any type, including charges for an offense different than that for which the person was originally arrested are filed or charges are dismissed within one (1) year of the arrest, or all charges are dismissed on the merits;
- The statute of limitations on the offense had expired and no charges were filed;
- The person was under eighteen (18) years of age at the time the offense was committed and the person has received a full pardon for the offense;
- The offense was a misdemeanor, the person has not been convicted of any other misdemeanor or felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the judgment was entered;
- The offense was a nonviolent felony, as defined in Section 571 of Title 57 of the Oklahoma Statutes, the person has received a full pardon for the offense, the person has not been convicted of any other misdemeanor or felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the conviction; or
- The person has been charged or arrested or is the subject of an arrest warrant for a crime that was committed by another person who has appropriated or used the person's name or other identification without the person's consent or authorization.
What does it mean if you have a record expunged or sealed? (i.e., can you legally deny the conviction or arrest? Does anyone have access to the sealed/expunged records? Are they destroyed?)
Expungement is the process by which a record of criminal conviction and/or arrest are removed by order of the court. The expunged records are deemed not to exist and the person who is the subject of the records may deny their existence, however, they may be sued to impeach them or as character evidence in future proceedings.
It is required that the court clerk's offices to delete the defendant's name from the docket sheet, expunge the public filing of the charge, and keep a separate and confidential index of the case. In most court clerk's offices, the process includes the removal of the defendant's file from the main file area. Additionally, the court information will be redacted from the clerk's computer and also from any public access website such as the Oklahoma Supreme Court Network (OSCN). As a result, when the defendant's name is searched, either at the courthouse or by computer, no information regarding the expunged case will be found. However, if the defendant's case number is searched, some information regarding the case may still be available. In most cases, any information specific to the defendant remains undiscoverable. However, if the defendant paid for fines and/or costs, the defendant's name may appear as the person who made the payment.
While a §991c expungement may seal an entire court record, it does not produce the same effect with respect to a defendant's criminal history record with the Oklahoma State Bureau of Investigation (OSBI). Because OSBI records contain not only arrests, but also dispositions of those arrests, a §991c expungement will have no effect on a defendant's arrest information. It will however affect the information given to the public regarding the disposition. For example, if a defendant is arrested for Grand Larceny and is subsequently given a three year deferred sentence, a §991c expungement will delete the information regarding the probation. As such, the arrest will still appear on the record, but the disposition is changed from "pled guilty, three year deferred sentence" to "pled not guilty, case dismissed."
In order to expunge arrest records, including arrests contained in the criminal history records at the OSBI, a petition for expungement may be filed.
Are you eligible for an Oklahoma Expungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .
Be sure to check the site often
as we are in the process of adding the Expungement
Kit for the State of Oklahoma soon.