Basic Overview of Full Expungements
The statutory framework for a full expungement is found in the Oklahoma Statutes at Sections 18 and 19 of Title 22. Sometimes, full expungements are also known as “Section 18/19” expungements.
Section 18 deals mostly with expungement eligibility (i.e., who is eligible for relief). There are fifteen separate categories under which a defendant may become eligible for a full expungement. Section 19 primarily deals with the procedure of the expungement process.
Who is Eligible for an Expungement?
One of the most common and easiest ways to become eligible for an expungement is to receive a misdemeanor deferred sentence in the underlying criminal case. A deferred sentence means that the case will ultimately be dismissed once a defendant successfully completes the deferred time period. This will normally include probation requirements, court costs, fines, etc. In this instance, the defendant becomes eligible for a full expungement just one year from the date the deferred sentence ends.
Felony deferred sentences become eligible five years after the end of the deferral period. In both instances, you are not eligible for an expungement if you have a felony conviction (this includes a suspended sentence) unless you are eligible and seek to expunge your felony conviction in the same expungement action.
Multiple misdemeanor convictions can be expunged, but not until it’s been five years from the end of the sentence of your last misdemeanor conviction. However, you are not eligible if you have a felony conviction on your record as well, at least until/if you are able to get the felony expunged.
Up to two non-violent felony convictions can be expunged without the need of a pardon. No charges can be pending and at least ten years must have passed since the completion of the sentence for the last felony conviction. If you have three or more felony convictions or any violent felony convictions, you have to get a pardon first for them to be eligible to be expunged.
What Can Be Expunged?
A fairly recent development in the law allows for multiple misdemeanor convictions to become eligible for expungement. Felony convictions can also be expunged even without a pardon now, but violent felonies are not eligible unless the person first receives a pardon. What constitutes a violent felony is found in the Oklahoma Statutes at Title 57, Section 571.
It’s important to note that expungement law can be fairly tricky with many caveats. Sometimes when expunging multiple cases, especially when the cases are in multiple counties, it is similar to putting together a puzzle in order to get the desired results.
In many cases, your best option is to work with an Oklahoma attorney who is experienced with expungements. You really have to get creative and think outside the box to be able to be successful when there are multiple cases you are attempting to have expunged and/or the case(s) are not cut-and-dry.
How Do You Get an Expungement?
The expungement process is outlined in Section 19.
To start the full expungement process, you must file a civil petition in the county where the offense occurred. The filing fee currently costs $164.14.
After the Petition for Expungement is filed, a hearing must be set before a judge. Then the Petition must be mailed to and a notice of the hearing must be provided to all interested parties (i.e., arresting agency, prosecuting agency, OSBI, etc.). The best practice is then to discuss the expungement with the interested parties and get them to agree to a proposed Expungement Order prior to the hearing.
At the hearing, barring any objections, the Judge will likely sign the proposed Expungement Order if it is signed off by all interested parties.
The Order must be filed and the expungement process is finalized by providing certified copies of the Order to the interested parties. Along with a certified copy of the Expungement Order, OSBI requires a mandatory $150 expungement processing fee. One of the only other governmental authorities who require a processing fee is The City of Oklahoma City, so if the arresting agency was the Oklahoma City Police Department, the expungement process will cost you an additional $150. Valley Brook also requires a processing fee.
Life After an Expungement
Once the full expungement is finalized, you can legally deny the expunged incident ever occurred. The benefits of an expungement when seeking employment are immense. These benefits also extend to people seeking admittance to higher education, professional licensing, adequate housing, etc.
When you receive a full expungement, it is like the event never even happened. Anyone who is eligible for a full expungement should take advantage of this rare opportunity to invest in your future by erasing your past™.
If you’d like to learn whether you’re currently eligible for an expungement, take our free Expungement Eligibility Quiz today.
