Can You Expunge a Victim Protective Order (VPO)?
To many people, having a Victim Protective Order (VPO) filed against you is as bad or worse than a criminal conviction. There are several significant ways that a VPO can affect your life, from firearm ownership to a heavy stigma, but there’s a remedy: a VPO expungement.
In this article, we’ll discuss who is eligible for a VPO expungement in Oklahoma and how to get one.
What Is a Victim Protective Order (VPO)?
A victim protective order (VPO) is a court order that can be filed to protect someone who believes they are the victim of:
Domestic abuse
Stalking
Harassment
The maximum length of enforcement for most VPOs is five years (absent extraordinary circumstances), and many judges choose to enforce the maximum length. One of the most serious consequences of having a VPO filed against you is the loss of your 2nd Amendment rights while the Order is in effect. However, you do get your firearm ownership rights back once the Order is vacated and can remove the stigma of the VPO by having it expunged three years after the Order expires.
In some courts, judges do not automatically vacate VPOs that have lapsed, so you may need to petition the court to vacate the Order before you can apply for an expungement.
Also, prior to November 1999, VPOs had no maximum length so they often had no expiration date. It’s possible that if a person had a VPO filed against them before November 1999, it’s still technically active today. That means it’s illegal for the person to own a firearm and can be affecting their employment prospects.
Clean Slate has helped many clients petition the court to retroactively vacate the order to make them immediately eligible for an expungement and restoration of their 2nd Amendment rights.
Expungement of a VPO
In many cases, a VPO may have initially been entered as an emergency ex parte order (a temporary order made by the court upon the application of the plaintiff without notice to the defendant) and been ultimately dismissed with no permanent protective order filed. Despite this, the VPO will still remain on the person's court record unless they take the proactive step of having it expunged.
An expungement is the only way to remove a VPO from your record so that it no longer appears during a background check. Expungements make it possible to pursue volunteer activities, enlist in the armed forces, qualify for better housing leases, and also remove the heavy stigma of having a VPO in your past.
Who Is Eligible to Expunge a VPO?
The state of Oklahoma's protective order expungement process is found in 22 O.S. § 60.18 of the Protection from Domestic Abuse Act). There are four specific circumstances in which a defendant can request the expungement of a VPO:
An ex parte order was issued to the plaintiff but later terminated due to dismissal of the petition before the full hearing, or denial of the petition upon full hearing, or failure of the plaintiff to appear for a full hearing, and at least ninety (90) days have passed since the date set for full hearing;
The plaintiff filed an application for a victim protective order and failed to appear for the full hearing and at least ninety (90) days have passed since the date last set by the court for the full hearing, including the last date set for any continuance, postponement or rescheduling of the hearing;
The plaintiff or defendant has had the order vacated and three (3) years have passed since the order to vacate was entered; or
The plaintiff or defendant is deceased.
VPO Expungement Process
The process for expunging a VPO is not quite the same as expunging a criminal record, so it can be helpful to work with an experienced Oklahoma expungement attorney.
The expungement is filed in the same Protective Order (“PO”) case as the original VPO, rather than in a new civil case. Expungement candidates must also serve the petitioner of the VPO (i.e., the person who filed for the VPO in the first place) with the Petition and hearing date and time. Judges are much more likely to grant the expungement if the petitioner agrees to it. The District Attorney also needs to be notified of the expungement filing.
Some counties require filing fees, while others do not. However, since it’s not a criminal matter, there is no OSBI expungement processing fee like there is required for a criminal record expungement.
Your attorney will appear at the scheduled hearing on your behalf and argue to the Court why you should have your VPO expunged. Your attorney will let you know whether you need to appear as well. All interested parties, including the petitioner and District Attorney, have the right to attend the hearing and object.
If there is no objection to the expungement, written or otherwise, or if the Court finds merit in the defendant’s request for expungement, the court will order the sealing of the record.
Expunge Your VPO
If you think you’re a candidate for a VPO expungement, then speak with our expungement attorney today. We can assess your eligibility and help you move forward with your expungement as soon as possible.
