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Expungements in Oklahoma

Authored By: Oklahoma State Bureau of Investigation
Contents
Click the image at the bottom for more FAQ's How to Get a Copy of Your Criminal History Records Download Instructions on How To Read A RAP Sheet

Click the image at the bottom for more FAQ's

How do I get an arrest record expunged?

In order to have an arrest record expunged you must petition the District Court in the District the arrest was made.

What is the difference between a Section 18 and Section 991(c) expungement?

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

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.

Does it matter that the arrest occurred more than 10-20-30 years ago?

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

What is a policy argument?

The OSBI will object to an expungement petition if they feel that the public interest in retaining the record outweighs the adverse consequences of keeping the record. Even if a person qualifies, we can object on policy grounds.

Will the Legal Office send me a copy of my rap sheet?

No. 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

Will Legal Aid help me?

If you are low-income, you can call Legal Aid's Application Line to see if a lawyer or volunteer lawyer will review your OSBI Criminal History Record to see if your old records qualify under the expungement law in Oklahoma.  We may or may not have enough lawyers to take your case or help you with a self-help set of forms and instructions.


This is only for Oklahoma arrests or convictions. We cannot help with out-of-state records.

You must be able to :

  • pay $15 to get your OSBI Criminal History Report
  • pay the OSBI fee to record the final court Order. $150.00
  • talk with the lawyer on the phone
  • follow the directions and go to court by yourself, and able to pay court filing fees and mailing fees. These can cost about $175. In some cases the courts will waive the filing fees of about $160.00. In some, very limited cases, a Legal Aid lawyer will represent you.

Here's how you ask for help from Legal Aid:

Call the Application Line

Mon - Thurs, 9:00 am to noon & 1 pm 4 pm

888-534-5243

or apply for help online at this page:

http://www.legalaidok.org/if-you-need-help

I have more questions!

more expungement faq's

Need more answers? Look here!

How to Get a Copy of Your Criminal History Records

This page tells you how to get your OSBI Criminal History Record.
You must have this to find out if you qualify legally to have an arrest record expunged.  You need this to go talk to a lawyer or to ask for help from Legal Aid.

You must
  • fill out a Request,
  • send it to the OSBI, and,
  • pay the fee.

Print and fill out the form and print it. Start here

 

Important: The way you send the form to the OSBI will be the same way you get the Report back.

If you fax the Request form, you must have a private fax number listed. NEVER use a public fax number! The Report you get back will have your social security number and date of birth on it! Best to mail it in.

After you print a completed Request form, you must send or take the form, with a $15 payment to the OSBI Office in Oklahoma City.

 

How can I pay the fee?

You may pay with:

  • Money order,
  • Cashier's check,
  • Visa, MasterCard, or Discover, or
  • Business checks imprinted with the company name and address, payable to OSBI.

NO personal checks!

You may pay in cash, but only at the Oklahoma City OSBI office.

What if I cannot afford the fee?

The fee is required by law. You must pay it.

You can go to the Oklahoma City OSBI office (6600 N Harvey Place, Oklahoma City) and ask them for a free Error Check or free copy of your Criminal History Report.

Take photo ID and your completed Request form.

How long does it take to get a copy of my record?

  • In-person requests take about 10-15 minutes.
  • Mailed requests take about 1-3 weeks.  If you don’t get your report within 30 days, call the Criminal History Reporting Unit: 405-848-6724
  • Priority or Overnight Express requests take 1-3 days. (Include a prepaid envelope. The OSBI will return the Report the same way you send it.)
  • Faxed credit card requests take about 5-8 business days. OSBI can fax you back the report, but only if you have a dedicated fax number.

How does OSBI check criminal records?

OSBI will check your information using a state and national database for felonies and misdemeanors.

If you have a criminal history in another state, you must say so. You will also have to get a copy of your FBI records. Here's how you Request FBI Records.

What should I do when I get the OSBI Criminal History Report back from the OSBI?

Take your criminal history report to a lawyer to review. The lawyer can look at your situation and the law, to see if any of the arrest records on your report can be expunged.

Legal Aid Services of Oklahoma may be able to help you.  You must have your report first.

 

How can I get help?

Here's the page to ask for help from Legal Aid or a Legal Aid volunteer lawyer.  Start here

Call Monday through Thursday, 9:00 a.m. to noon and 1:00 p.m. to 4:00 p.m., 888-534-5243, or in the Tulsa area call 918-428-4357

Download Instructions on How To Read A RAP Sheet

Last Review and Update: Jul 25, 2019
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