Having a criminal record could substantially impact your life. It could affect your ability to get a job, housing, or even attend school because many agencies conduct background checks prior to making a decision about an applicant. If you meet certain criteria, you might be able to have you court records expunged, effectively sealing them and blocking them from public access.
Two Types of Expungements
In Oklahoma, an individual can pursue two different types of expungement: Section 18 or Section 991(c). The one you petition for depends on the specifics of your circumstances.
With a Section 18 expungement, your court records will be erased. However, only certain offenses can be removed, such as those committed when you were under 18 years of age, misdemeanors with a fine under $501, and a felony conviction if you had no other felonies or misdemeanors in the past 7 years.
To qualify, your situation must fall under 1 of the following 12 categories:
- You were acquitted of charges
- Your conviction was overturned or dismissed
- You were proven innocent based on DNA evidence
- You received a pardon from the Governor because you were innocent
- You were never officially charged
- You were under 18 when you committed the offense, and the Governor pardoned you
- The charges were dismissed
- You were charged with a misdemeanor and have no other charges or convictions, you had a deferred sentence, and you charge was dismissed
- You completed a deferred sentence agreement for a non-violent felony, have no pending charges, and haven’t been convicted in the past 10 years
- Your conviction was based on a crime committed by an individual who stole your identity
You must submit a petition with the court in the district where your record is filed. You will be required to attend a hearing and answer questions from a judge who will determine whether to grant your expungement.
Unlike Section 18, an expungement under section 991(c) does not erase your criminal history. Rather, if you are granted an expungement under this statute, your record disposition will show “pled not guilty, case dismissed.”
A Section 991(c) is only available if you made a plea deal during your case and received a deferred sentence. After you have met the conditions of your deal, the court will update your records. However, you must take your dismissal records to the Oklahoma State Bureau of Investigation to have the system updated.
Contact the Law Offices of Keith J. Nedwick, P.C. for a Free Meeting
At our firm, we have over 50 years of combined experience and have helped many individuals expunge their criminal records. Our lawyers understand that having a conviction show up on your background check could make it difficult to move forward with your life. We will assist you with the expungement process to help you get a fresh start.
Reach out to our team by calling us at (866) 590-8173 or contacting us online.