Oklahoma Expungement Lawyer

A criminal record can be an enormous roadblock to your future success. Getting your records expunged means you can legally deny it ever happened. Tankut Law, PLLC offers affordable flat fees and payment plans for all eligible expungements. 

Expungement of Criminal Records in Oklahoma

The procedures and qualifications for seeking an expungement have evolved dramatically in recent years making more people eligible for an expungement. The process can be quite overwhelming for anyone who isn't familiar with the specific rules and statutes.

After determining eligibility for an expungement and the specific type of expungement under Oklahoma laws, a variety of documents, forms, petitions must be prepared; certain people and agencies must be served and their signatures obtained; and a hearing must be held where any involved party may appear and object. Even after an order for expungement has been granted by the court, there are still additional steps that must be followed to ensure the records are removed. 

Eligibility & Procedure

The general expungement statute is covered under Section 18 of Title 22 of the Oklahoma Criminal Code and it is commonly referred to as Section 18 Expungements.

To qualify for an Oklahoma expungement, you must fall under one of the categories below:

1. You have been acquitted;

2. Your conviction was reversed with instructions to dismiss or an appellate court reversed your conviction and the prosecuting agency subsequently dismissed your charge;

3. Your innocence was established by DNA evidence subsequent to conviction;

4. You received a full pardon by the Governor;

5. You were arrested and no charges, including charges for an offense different than that for which you were originally arrested, are filed and the statute of limitations has expired or the prosecuting agency has declined to file charges;

6. You were under 18 years old at the time the offense was committed, and you received a full pardon;

7. You were charged with one or more misdemeanor or felony crimes, all charges have been dismissed, you have never been convicted of a felony, no misdemeanor or felony charges are pending against you and the statute of limitations for refiling the charge(s) has expired or the prosecuting agency confirms that your charge(s) will not be refiled; this category shall not apply to charges that have been dismissed following the completion of a deferred judgment or delayed sentence;

8. You were charged with a misdemeanor, your charge was dismissed following the successful completion of a deferred judgment or delayed sentence, you have never been convicted of a felony, no misdemeanor or felony charges are pending against you and at least 1 year has passed since your charge was dismissed;

9. You were charged with a nonviolent felony offense not listed in Section 571, your charge was dismissed following the successful completion of a deferred judgment or delayed sentence, you have never been convicted of a felony, no misdemeanor or felony charges are pending against you and at least 5 years have passed since your charge was dismissed;

10. You were convicted of a misdemeanor offense, you were sentenced to a fine of less than $501.00 without imprisonment or a suspended sentence, your fine has been paid, you have not been convicted of a felony, and you don't have any pending felony or misdemeanor charges;

11. You were convicted of a misdemeanor offense, you were sentenced to a term of imprisonment, a suspended sentence or a fine in an amount greater than $500.00, you have not been convicted of a felony, no felony or misdemeanor charges are pending against you, and at least 5 years have passed since the end of your last misdemeanor sentence;

12. You were convicted of a nonviolent felony offense not listed in Section 571, you have not been convicted of any other felony, you have not been convicted of a separate misdemeanor in the last 7 years, no felony or misdemeanor charges are pending against you and at least 5 years have passed since the completion of your sentence;

13. You were convicted of not more than 2 felony offenses, none of which is a felony listed in Section 13.1 or any offense that would require you to register as a sex offender, no felony or misdemeanor charges are pending against you, and at least 10 years have passed since the completion of your sentence;

14. You were charged or arrested or are the subject of an arrest warrant for a crime that was committed by another person who has used your name or identification without your consent;

15. You were convicted of a nonviolent felony offense not listed in Section 571 which was subsequently reclassified as a misdemeanor under Oklahoma law, you are not currently serving a sentence for a crime in any state, at least 30 days have passed since the completion or commutation of your sentence for your crime that was reclassified as a misdemeanor, you don't owe any restitution, and any treatment program ordered by the court has been successfully completed.

Free Expungement Case Review

Call Tankut Law, PLLC today to find out if you are eligible for an Oklahoma Criminal Expungement.