Who Is Eligible For An Expungement In Oklahoma?

Expungement 
Section 18 in Title 22 of the Oklahoma Statutes lists the criteria for being authorized to file a motion for expungement. You are eligible for a § 18 expungement if:

  • You have been acquitted;
  • Your conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction or an appellate court of competent jurisdiction reversed the conviction, and the prosecuting agency subsequently dismissed the charge;
  • Your factual innocence was established by the use of DNA evidence subsequent to conviction, even if you have been released from prison at the time innocence was established;
  • You have received a full pardon, on the basis of a written finding by the governor of actual innocence for the crime for which you were sentenced;
  • You were arrested and no charges of any type, including charges for an offense different than that for which you were originally arrested, are filed and the statute of limitations has expired or the prosecuting agency has declined to file the charges;
  • You were under 18 years old at the time the offense was committed and you have received a full pardon for the offense;
  • You were charged with one or more misdemeanor or felony crimes, all charges have been dismissed, you have never been convicted of a felony, no misdemeanor or felony charges are pending against you, and the statute of limitations for re-filing the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be re-filed (this category does NOT apply to charges that have been dismissed following the completion of a deferred judgment or delayed sentence);
  • You were charged with a misdemeanor, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, you have never been convicted of a felony, no misdemeanor or felony charges are pending against you, and at least one year has passed since the charge was dismissed;
  • You were charged with a nonviolent felony offense, not listed in 57 O.S. § 571, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, you have never been convicted of a felony, no misdemeanor or felony charges are pending against you, and at least five years have passed since the charge was dismissed;
  • You were convicted of a misdemeanor offense, you were sentenced to a fine of less than $501 without the term of imprisonment or a suspended sentence, the fine has been paid or satisfied by time served in lieu of the fine, you have not been convicted of a felony, and no felony or misdemeanor charges are pending against you;
  • You were convicted of a misdemeanor offense, you were sentenced to a term of imprisonment, a suspended sentence, or a fine in an amount greater than $500, you have not been convicted of a felony, no felony or misdemeanor charges are pending against you, and at least five years have passed since the end of the last misdemeanor sentence;
  • You were convicted of a nonviolent felony offense, not listed in 57 O.S. § 571, you have received a full pardon for the offense, you have not been convicted of any other felony, you have not been convicted of a separate misdemeanor in the last 15 years, no felony or misdemeanor charges are pending against you, and at least ten years have passed since the felony conviction;
  • You were convicted of not more than two nonviolent felony offenses, not listed in 57 O.S. § 571, you have received a full pardon for both of the nonviolent offenses, no felony or misdemeanor charges are pending against you, and at least 20 years have passed since the last misdemeanor or felony conviction; or
  • You have been charged, arrested, or are the subject of an arrest warrant for a crime that was committed by another person who has appropriated or used your name or other identification without your consent or authorization.

Under 22 O.S. § 19c, prostitution related offenses for victims of human trafficking may be expunged. Under that section, a court may enter an order for expungement of law enforcement and court records relating to a charge or conviction for a prostitution-related offense, committed as a result of the defendant having been a victim of human trafficking.

Under 22 O.S. § 19a, individuals who were the victim of identity theft can have information expunged. When a charge is dismissed because the court finds that the defendant has been arrested or charged as a result of the defendant’s name or other identification having been appropriated or used without the defendant’s consent or authorization by another person, the court dismissing the charge may enter an order for expungement of law enforcement and court records relating to the charge.

Under the 991c expungement, records may be expunged only after the defendant successfully completes the deferred sentence and the case is dismissed.

For more information on Being Eligible For An Expungement, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.

Sources:

22 O.S. § 18

22 O.S. § 19

22 O.S. § 991c

22 O.S. § 19c

22 O.S. § 19a

57 O.S. § 571

Current as of October 31, 2017.