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Oklahoma record expungement

The state of Oklahoma has the option of expungement for arrest records of its citizens, and criminal records under certain conditions.

There are different laws that are important for one to know regarding the expungement process: First, there is the expungement of criminal court records subsequent to a deferred sentence or prosecution, under Oklahoma. Stat. Sections 22-991c & 22-305.4, expungement of criminal records, under Oklahoma. Stat. Sections 22-18 to 22-19a, and expungement of juvenile criminal records, under Oklahoma Stat. Section 10-7306-1.1, 73062.10, & 10-7307-1.2 to 10-7307-1.5 Misdemeanors, felonies, and DUI convictions are all expungeable ten years after the conviction as long as all other expungement criteria are met. Violent crimes are not eligible to be expunged. Arrest records have to be expunged independently. Also, anyone known as a repeat offender is not eligible for expungement.

Also, any person who was given a deferred sentence to expunge their record must have the disposition of their case updated. The state does this to show that the case has been dismissed. The disposition will affirm that the person pled not guilty and the case was thrown out. The arrest record will stand for this case, and must be expunged separately.

You must petition the court in the district where the arrest was made to have your record expunged. Oklahoma State Bureau of Investigations is adamant that anyone trying to get their record expunged should have an attorney, but it is not a necessity.

When you are preparing your expungement request, all pertinent arrest information including the date of arrest, the arresting charges, all charges ultimately filed, any amendments to the case, concluding disposition of the charges, and the pleas and dismissals. The arresting charges could be different than the charges that were in fact filed; therefore you need to think about the significance of running your OSBI criminal history prior to preparing an expungement petition.

After you file your petition, you must give the district attorney and the arresting agency involved in the case, and the OSBI at least 30 days in advance notice of your petition to expunge. At your petition, be prepared to answer any questions from the prosecutor in the case, anyone relevant to the case, and the judge. After the hearing, if the judge believes that it is in the best interest of the public and the individual involved to have the record expunged, your record will be expunged.

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