The first thing that you will need to do is get a copy of your OSBI criminal history report. It costs $15. This is so that you can see exactly what your criminal record shows. If there is no record of your criminal incident with the OSBI, then an expungement may not be necessary. There are different paperwork requirements depending on whether the expungement is under § 18 or § 991c. Both processes end with a court ordering the respective expungement. A court order is needed to expunge records under either section. At the end of the expungement, you can verify whether or not the expungement has occurred by getting a criminal history record check through the OSBI.
If charges were filed, then you need to present the OSBI with a certified copy of the final disposition from the court clerk’s office in the county in which the information pertaining to your arrest is located. If charges were handled in municipal court, then the municipal court for the city that arrested you should be able to provide that document.
If charges were not filed, then you must get the following certified documents:
- A signed and certified letter from the county and/or city clerk stating that there is no record of the arrest in the files of the county or city clerk and
- A certified letter from the District Attorney’s office in the district court of the district in which the arrest information pertaining to your arrest is located. This letter must be written on District Attorney office letterhead and signed by the District Attorney or Assistant District Attorney, which states that there’s no record of the arrest in the files of the district attorney.
When no record exists at the court clerk’s office or the district attorney’s office, a certified copy of the arrest or incident report relating to that arrest must be obtained from the arresting agency.
In all cases, a petition must be filed with the district court with a § 18 expungement. It must be signed by multiple agencies prior to the judge signing the order.
If you received a deferred sentence and successfully completed the sentence, then a certified copy of the deferred dismissal must be obtained from the court clerk’s office in the county in which the information pertaining to your arrest is located. If the case is no longer on file at the clerk’s office, contact the District Attorney’s office for a certified copy. If charges were handled in municipal court, then you’ll have to get this information from the municipal court in the city of arrest.
For more information on The Paperwork Required To Expunge A Record In Oklahoma, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.
Current as of October 31, 2017.