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What court records can be expunged in Oklahoma?

Authored By: Legal Aid Services of Oklahoma, Inc. LSC Funded
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Expunging a criminal record means to remove it from public view.

That means no one from the public can see or find out about your expunged criminal record (unless you give them permission).

There are official records, like court records and records held for all law enforcement by the Oklahoma State Bureau of Investigation (OSBI).  Law enforcement will always have access to arrest records.

These pages tell you about expunging arrest records from public access.

What we cannot help with:
There are also informal records by newspapers and other online sources. The internet makes all of these informal records hard to conceal.

 

Need more answers? Look here!

 

 

Important! Only certain crimes and certain situations qualify for expungement. Some crimes can never be removed from your record.
Click here to see a list.

You cannot expunge any records if you have current charges pending, misdemeanor or felony!

You can expunge your criminal record if:

  • The crime and your situation qualify for Section 18
  • You completed probation or had a delayed sentence that is eligible for expungement. (Section 991(C))
  • You were named in a protective order in certain situations. (Section 60.18)
  • Someone who stole your identity committed the crime.  (Section 19A))
  • You were a victim of human trafficking. (Section 19(C))

Click on any topic below:

Section 18: Certain crimes and specific situations

If your crime and situation are listed below, you may qualify for Section 18 Expungement. That means you could remove the public records of your arrest and conviction.*  These are the arrest records held by the OSBI. Employers and landlords look at these.

The most common situations that qualify are:

  • Charges only (§ A.7.)  Misdemeanor or felony charges that were dropped (dismissed) and will not be filed again, or the statute of limitations has expired, if you have no felony convictions.
  • Arrested & no charges (§ A.5.) Arrested, but no charges were filed and the statutes of limitations has passed.
  • Under 18 when the offense was committed. (§ A.6.) Under 18 when crime committed and received a full pardon.
  • Deferred Misdemeanor (§ A.8.) Successful completion of misdemeanor, charges deferred and dismissed, NO felony convictions and at least 1 years since the dismissal.
  • Deferred Felony (§ A.9.) Successful completion of felony, charges deferred and dismissed, NO felony convictions and at least 5 years since the dismissal.
  • Misdemeanor Conviction less than $501 fine (§ A.10.) No jail or prison time, all fines paid, no felony convictions.
  • Misdemeanor Conviction more than $500 fine (§ A.11.) Fine or jail or prison time, or suspended sentence.  All fine all fines paid, no felony convictions and 5 years since the end of the last misdemeanor sentence.
  • 1 Felony Conviction (§ A.12.) Non-violent felony, no other felony convictions, no misdemeanor convictions in last 7 years and at least 5 years since the completion of the felony sentence.
  • 2 Felony Convictions (§ A.13.) No more than 2 felony convictions, non-violent, received full pardon for both, at least 20 years since the last misdemeanor or felony conviction.
  • Not guilty decision at your trial or appeal, with DNA evidence, or pardoned by the Governor with a finding of actual innocence.

Click here for a complete list of Section 18 eligible situations.

*NOTE: Even if you expunge your arrest record, your name, address, and some identifying information will stay on your record. There will be no mention of the crime.

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Situations that Qualify for Section 18 Expungement

  1. A judge or jury said you were Not Guilty of the charge.
  2. An appeal court rejects that you are guilty, and tells the District Attorney (DA) to drop (dismiss) the charges, or the DA drops (dismisses) the charges.
  3. DNA evidence after your conviction proves you are innocent, whether or not you are in prison.
  4. You were pardoned by the Governor with a finding of innocence.
  5. You were arrested, but never charged with any crime, and:
    •  The statute of limitations has expired, or
    •  The DA has decided not to charge you.
  6. You were under 18 when the crime was committed, and the Governor gave you a full pardon
  7. You were charged with a misdemeanor(s) or felonies, you have no felony convictions and no other misdemeanor or felony charges, and
    •  The statute of limitations has expired, or
    •  The DA confirms you will not be charged.
    Note: This category is not for deferred or delayed sentences.
  8. You were charged with a misdemeanor, you have no felony or other misdemeanor convictions or charges, you completed a delayed (deferred) sentence one (1) or more years ago, and the charge is now dismissed.
  9. You were charged with a non-violent felony (see list of all violent felonies), you have no other felony or misdemeanor convictions or charges, you completed a delayed (deferred) sentence 10 or more years ago, and the charge is now dismissed.
  10. You were convicted of a misdemeanor, you have no felony or other misdemeanor convictions or charges, and the misdemeanor conviction was at least 10 years ago.
  11. You were convicted of a non-violent felony (see list of all violent felonies), you have no other felony convictions and no separate misdemeanor in the last 7 years and at least 5 years have passed since the completion of the sentence for the felony conviction.
  12. You were charged or arrested for a crime that was committed by someone who stole your identity.
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Section 991(C): Expungement after a delayed (deferred) sentence or probation

If you have no felonies on your record, and you committed a non-violent crime, you may qualify for a delayed (deferred) sentence. (There are some exceptions.)

A delayed sentence gives you a chance to remove the crime from all public court records. That means no one can see your court records unless:

  • You give them written permission, or
  • They have a court order that allows them to see your record.

Before your records can be expunged, you must meet all of the court’s conditions, which may include:

  • Probation
  • Fines
  • Court costs
  • No other arrests or charges during the “delay” period
Important! If you get these records expunged, the record of the crime won’t show up on the online court docket sites like OSCN or ODCR.
Your OSBI arrest record will still be public. To remove that from your arrest record, you must ask for a Section 18 expungement  
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Section 60.18: If Someone got a Protective Order Against You

If a court made a protective order against you, you can have that order removed from your record in these 3 situations:

  • The person who asked for the Protective Order died.
  • The Protective Order was vacated (cancelled by the court) at least 3 years ago.
  • It was a temporary, emergency or ex parte order that later was:
    • Withdrawn,
    • Denied, or
    • Dismissed because the person who asked for the order did not go to the hearing.

If you are in one of these situations, and it has been more than 90 days since the last hearing on this order, you may file a petition with the district court that made the order.

Your petition must say that:

  • You want a Section 60.18 Expungement, and
  • You have not been charged, convicted, or accused of disobeying the Protective Order.

The court clerk will give you a time and date for a court hearing. The date will be at least 30 days after you file your petition.

Next, you must serve a copy of the petition by certified mail to the person who asked for the original order. You have 10 days after filing your petition to do this. That person has 30 days after being served to tell the court if s/he disagrees.

The court clerk will send a notice of the hearing to:

  • District attorney’s office,
  • Police or sheriff's office, and
  • Anyone else involved in your case, such as local law enforcement.

Go to your hearing. Answer any questions the court or DA asks you about the case. If the judge approves your request, your court records will be expunged.

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Section 19(A): If Your Identity Was Stolen

If you were arrested or charged (or there was a warrant for your arrest) because of the actions of someone who stole your identity, you can ask the court or District Attorney to expunge the records caused by the identity theft.

But first, you must show the court or district attorney that you were a victim of identity theft. After you do that, they will drop (dismiss) the charges against you.

You will/may have to complete a delayed (deferred) sentence. But it won’t show up on the online court records on the OSCN or ODCR records web sites.

A Section 19(A) expungement can remove all mentions of the case from the court and law enforcement records. But it will not clean up your arrest (OSBI) records. To remove the information from your arrest record, you must also ask for a Section 18 expungement.

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Section 19(C): Victims of Human Trafficking

If you were arrested, charged, or convicted of a crime related to prostitution when you were a victim of human trafficking, you may ask the court to expunge court and law enforcement records. (Law enforcement agencies will still be able to see your record if they need to do so for their work.)

The court sometimes does this, even if you do not ask. But if the court did not do this in your case, you may ask the court to do so. First you must show proof of your situation to the court.

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Last Review and Update: Oct 30, 2018
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