After an Arrest/Charge/Conviction Expungement
A § 18 expungement will remove the arrest and/or conviction from the OSBI criminal history report. The report will say that “No such record exists” when an inquiry is received; however, remember that the law enforcement will still be able to view your record. If you’re charged with another crime, then law enforcement can use those records as proof of a prior conviction or deferred sentence.
OSBI cannot advise anyone about whether a specific incident will appear on the criminal record. The best way to know what is on your criminal record is to request a copy of your criminal history. If the record is expunged, the FBI record will also be expunged.
The district court index reference of sealed material will be destroyed, removed, or obliterated. Inspection of the records included in the order for expungement may, afterwards, be permitted by the court only upon petition by the person in interest who is the subject of such records, the attorney general, or by the prosecuting agency, and only for those persons and for such purposes as named in such petition. Any record ordered to be sealed pursuant to § 19, if not unsealed within ten years of the expungement order, may be obliterated or destroyed at the end of the ten-year period.
Subsequent to records being sealed per 22 O.S. § 19, the prosecuting agency, the arresting agency, the OSBI, or other interested person or agency may petition the court for an order unsealing said records. Upon filing of a petition, the court will set a date for hearing, which hearing may be closed at the discretion of the court, and will provide 30 days of notice to all interested parties. If, upon hearing, the court determines there has been a change of conditions or that there is a compelling reason to unseal the records, the court may order all or a portion of the records unsealed.
After a Deferred Sentence Expungement
Under a 991c expungement, the OSBI records will be changed from “pled guilty case deferred,” to “pled guilty case dismissed.” And, nobody will be able to see your case on the OSCN website anymore.
Rights After an Expungement
The statute that covers admitting to an expunged crime is 22 O.S. § 19. With a § 18 expungement, you can say that you do not have a criminal record, with very few exceptions. No one can make you reveal what’s in your expunged record, and no one can deny you a job or housing because you refused to reveal your records. You will not have to include an expunged arrest on a Self-Defense Act application.
Your expunged arrest can still be used to discredit your testimony in court because law enforcement will be able to see your expunged records. Be sure to talk to a lawyer about your arrest record before you appear in court as a witness, or for any other reason if your record has been expunged.
Upon the entry of an order to seal the records, or any part of the records, the subject official action will be deemed never to have occurred. The person in interest and all criminal justice agencies may properly rely, upon any inquiry into the matter, that no such action ever occurred, and that no such record exists with respect to such a person.
Employers, educational institutions, state and local government agencies, officials and employees cannot, in any application or interview or otherwise, require an applicant to disclose any information contained in the sealed records. An applicant need not, in answer to any question concerning an arrest and criminal records, provide information that has been sealed, including any reference to or information concerning such sealed information, and they may state that no such action has ever occurred. Such an application may not be denied solely because of the refusal of the applicant to disclose arrest in criminal record information that has been sealed.
Note that these protections apply only to state agencies and businesses. Different rules may apply in situations involving the federal government. People this could affect include immigrants and individuals undergoing a federal background investigation.
Current as of July 15, 2019.