What is an Expungement? 

An expungement is a process in which a person can seal their criminal history and record. Certain criteria, such as a full pardon from the Governor or acquittal, must be met in order for a person to be eligible for an expungement. To better assess your specific situation to determine eligibility, seeking the advice and counsel of an attorney is recommended. 

For information on a Governor’s Pardon, please see our blog regarding this topic: Applying for a Governor's Pardon in Oklahoma

Types of Expungements: 

There are two types of statutory expungements: a Section 18 Expungement and a Section 991(c). 

• Section 18 expungements allow for a court ordered seal of your entire arrest record

  • Your arrest record and criminal history will be removed from OCSN (Oklahoma State Court Records Network), OSBI (Oklahoma State Bureau of Investigation), and the documents will no longer be accessible by court order. This will take effect within 30 days of the expungement order. 

  • However, third party background check websites require notice of the expungement to have them removed from their sites. 

• Section 991 (c) expungements will still show up on a background check, OSBI, and OSCN but will be reflected to show that the individual was not convicted of the crime. The disposition will read “Plead not guilty; Case Dismissed”. 

How can expungement benefit you? 

• In most cases, you will not be legally required to disclose the expunged record on employment applications

• The record of the expunged offense will no longer be reflected in a state or federal background check which provides closure and a clearer path forward for many people trying to put their past behind them.

FAQ’s about expungements: 

• If I have multiple offenses, can they be filed in one case? 

  • Yes, many arrest records can be filed for expungement in one case, however, if there are offenses in separate counties, the expungements will need to be filed in the county in which they occurred.

• Can anyone object to an expungement after it is filed? 

  • Yes, during the process, a notice must be sent to not only the arresting agency, and the District Attorney’s office, but other adverse or interested agencies and they will have an opportunity to object to an expungement.

• Do I need an attorney to file an expungement? 

  • It is always beneficial to consult with an attorney regarding your specific situation. As with most legal matters, expungements have specific documents, timelines, and notices that must be provided to have a successful expungement case. Missteps in the process may result in a denial of your expungement. In addition, having an experienced attorney can also be beneficial in the event that there is a party objection to the expungement proceedings.

• What is the cost of an expungement? 

  • This is dependent on the law office you contact to help with your expungement. There are filing fees and other expenses involved with the process. It’s important to consult with an attorney who is experienced with these proceedings to determine the best course of action for you. During these consultations, you will be informed of all fees associated. 

For more information and to discuss your eligibility for an Oklahoma Expungement, please give us a call at 405.310.0183 for your FREE consultation.