Expungements in Oklahoma

Expunge means to remove a record from public view and most background checks. Most expunged records are about an arrest or conviction.

If your records are expunged, no one from the public will see your record (unless you give them permission). But depending on your situation, law enforcement and certain authorities may still be able to see your record.

The law is complicated. It can be hard to find all of the information you need. You should talk with a lawyer about your specific situation.

When you are ready, follow these steps for convictions and suspended sentences:

1. File a request (petition) at the court clerk's office in the county where the charges were filed.
2. The clerk will give you a hearing date.
3. Before the hearing, you must serve a copy of your petition to the district attorney or prosecutor, the agency that arrested you, and the OSBI. If you have multiple charges, you may have to serve multiple agencies. 
4. Go to the hearing. The judge will expunge your records if:
   •  You meet the legal requirements, and
   •  They find that the harm to your privacy outweighs a public interest in keeping the records available to the public.
5. If the judge agrees to expunge your records, they will make an order to remove your records from public view. They may also decide to remove only some of your records and/or limit who can access your records.
6. Send a certified copy of the final order to each party you served in step 3. 

For deferred cases where you plead guilty, but your sentence was deferred: The judge can grant the expungement under "Section 991C" at no cost to you. You can request this at your deferred review. you can ask later by calling the court for the local procedure. 

Probably. A criminal record can make it hard to:

• Get a job,
• Rent an apartment or home (especially in public housing), and
• Get or keep public benefits, like food stamps or disability income.

Obtaining an expungement can help resolve some of these issues. 

No.  The law is complicated. Every situation is different. A lawyer can give you legal advice about how the law applies to you specifically but you need your OSBI Criminal History Report first.

• If you were convicted of a violent felony, you are not eligible. Oklahoma defines violent felonies in two places: here and here. 
• If you were convicted of a NON-violent felony, you may be eligible.
• If you received a suspended sentence or deferred sentence, you will have a waiting period based on the most recent charges and number of felonies on your record.
• If it was a misdemeanor, you may qualify to have the arrest and court records expunged.
• If you have a deferred sentence you may be eligible to have it expunged under "Section 991C" when you have completed your sentence.
• If you were ordered to pay a fine, do community service, attend a program, or another sentence you will have to complete those things first. 

A Section 18 expungement allows a person to expunge their entire arrest record in a county.

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 case will be removed from ODR and OSCN, away from public view. However, a 991(c) expungement will not expunge (remove) the arrest record from background checks. The record WILL be removed from public view on OSCN and ODCR. The outcome or disposition of the case will say, "pled not guilty, case dismissed".

No. The only requirement is that you meet the qualifications of the expungement statutes before an expungement can be granted.

If you think you qualify for a Section 18 expungement, talk to a lawyer. Take a copy of your OSBI record to your appointment.

If you are low income, you may qualify for free legal help through Legal Aid Services of Oklahoma. You may still have to pay any court filing fees, the fee to get your OSBI Criminal History Report ($15) and the fee to have the arrest records expunged by the OSBI ($150).

Your Criminal History is available through the Criminal History Reporting Unit of the OSBI.

A pdf version of the form is available on this page or at

https://osbi.ok.gov/services/criminal-history

You'll also need to know how to read the RAP (Record of Arrest and Prosecution) Sheet.

A pdf version of the information is available on this page or at

https://osbi.ok.gov/documents/how-read-rap-sheet

You must get a copy of your complete criminal history report. The information in your report and court records will determine if you qualify or not.
The law is complicated. It can be hard to find all of the information you need. You should talk with a lawyer about your specific situation.

The section, Get Your Records, explains how to do this.

Yes. There will be a hearing. A judge must decide each case before making any orders.

With a Section 18 expungement (with very few exceptions):

• You can say that you do not have a criminal record.
• No one can make you reveal what’s in your expunged records.
• No one can deny you a job or housing because you refuse to reveal your records.

Remember: If you testify in court, law enforcement will be able to see your expunged records. They may use them to discredit your testimony. Always talk to a lawyer about your record before you appear in court as a witness or in a court case.

No. Private sector records, such as newspaper reports, will still be available. Law enforcement WILL ALWAYS be able to see your record.

All expungements remove your record from public view by looking at online court records on OSCN or ODCR or going to the courthouse.

A 991(C) expungement (deferred or delayed sentences) will remove the record from public court records. The OSBI record will report:

• Plead Not Guilty, Case dismissed

All other types of expungements will remove the arrest and/or conviction record from the OSBI Criminal History Report. They will report "no such record exists" when they receive an inquiry.

Remember:

• Any charges, arrests or convictions NOT eligible for expungement will still appear on your record.
• Law enforcement WILL ALWAYS be able to see your record. That means if you are charged with another crime, law enforcement can use those records as proof of a prior conviction or deferred sentence.
• Newspaper or online reports from private sources will still be available.

You can ask each of the three credit reporting agencies, allows you to get a free copy of your report every 12 months.

That means you can ask each one of the three agencies for a free report every 4 months.

After you obtain an expungement and send in the Order to the OSBI, you should order a free credit report.

See this page to learn how: Annual Credit Report - Get it, Fix it here: http://oklaw.org/resource/annual-credit-report?ref=vMMxx

If your arrest record is still on your report, order a copy of your updated arrest record. 

Send the updated record to each of the THREE reporting agencies and ask them to update their reports.  The resource above has information about fixing your credit report. 
If you have been a victim of ID Theft, this page will help you with letters to write to the Credit Bureau:  Writing Identity Theft Letters

Yes and no. Expunging a felony will allow you to own a gun under Oklahoma law. However, the expungement will not remove your record entirely. If the sale requires a federal background check, then you will not be allowed to purchase the gun.

Bascially, owning a gun after expunging a felony is legal under Oklahoma law, but not legal under federal law.