4 Things You Should Know About Oklahoma VPOs
A Victim Protective Order (VPO) is an order that is filed to protect someone who believes that they have been a victim of domestic abuse, stalking, or harassment.
In Oklahoma, the length of time that a VPO remains in effect is determined by a judge. It’s common for judges to enforce the five-year legal maximum on a VPO, but what happens after the VPO expires?
If you’ve had a VPO entered against you, it's important to know your rights and how the VPO will impact your future, even after the enforcement period has ended.
Here are four important things that you should know about Oklahoma VPOs.
1. They DON’T Just Go Away
Most contemporary VPOs have a five-year maximum effective length (unless there are extraordinary circumstances), but that wasn’t always the case. Prior to November 1999, there was no maximum length of time for a VPO, so they technically had no expiration date. That means that any Order entered prior to November 1999 may still be active today.
According to federal law, anyone with an active VPO entered against them is not legally allowed to own or use a firearm. The only way to restore a person’s 2nd Amendment rights is by petitioning to have the Order vacated, and then applying for an expungement.
In most cases, a person with a VPO entered against them is not eligible for an expungement or the restoration of their firearm rights until 3 years after the expiration of the Order. However, Clean Slate has helped many clients with old VPOs petition to have them vacated retroactively so they are immediately eligible for an expungement and restoration of their 2nd Amendment rights.
2. They DO Show Up on Background Checks
Victim Protection Orders are technically a civil matter, not criminal (unless the defendant violates the terms of the Order), but they can still appear on background checks.
If you’re applying for a new job, your prospective employer is very likely to conduct a background check. Though the incident won’t show up in a criminal record search, employers can easily find the record on Oklahoma State Courts Network and On Demand Court Records. Although a VPO is not a criminal offense, it will be a "red flag" for many people and can result in fewer opportunities — even if it’s decades old. The VPO may be the deciding factor between you and another candidate.
Not only can a VPO limit your employment, education, and living opportunities, it can also be embarrassing and damaging to your reputation.
3. Expungement DO Erase VPOs from Your Record
It is possible to expunge a VPO so that it no longer appears on a background check. An experienced expungement attorney can help with the process from start to finish and ensure that the Expungement Order is sent to all of the correct parties so the record is correctly and fully removed.
With an expungement, you can confidently and legally say that the incident never occurred.
Afterward, the only people who can access the record of the VPO are law enforcement, court officials, and the district attorney in the investigation of a crime. Your neighbors, friends, relatives, and prospective employers will no longer be able to find the incident on OSCN or ODCR.
4. You CAN Remove the Stigma of a VPO
Having a VPO filed against you can be embarrassing and the stigma of the mistake can weigh heavily on you. One of the biggest benefits to having a VPO expunged is that under Oklahoma law, the VPO and the incidents leading up to it "shall be deemed never to have occurred."
This means that if you’re asked about such orders on job or rental applications, you can legally say that no such action ever occurred and no such record exists. Furthermore, expungement protects the defendant from being denied employment solely on the basis of not disclosing a past VPO.
An expungement can also make it possible for you to better your community by volunteering or enlisting in the armed forces, which may be more difficult with a VPO on your record.
Move On with an Expungement
If you’re ready to move past your VPO and build the life you deserve, then speak with our expungement attorney today. We’ll help you clean your slate with a VPO expungement.
