Oklahoma expungements apply to both convictions and charges. If you were arrested and not charged, then that arrest can be expunged. If you were charged with one or more misdemeanors or felonies, and all charges have been dismissed, you’ve never been convicted of a felony, no misdemeanor or felony charges are pending against you, the statute of limitations for re-filing the charge or charges have expired, and the prosecuting agency confirms that the charge or charges will not be re-filed, then you can get those charges and arrest expunged. However, this does not apply to charges that have been dismissed following the completion of a deferred judgment or delayed sentence.
Does Anything Get Expunged Automatically?
Under 22 O.S. § 991c, a case that has been dismissed following the completion of a deferred sentence can be removed from the court record and the OSBI record changed to “pled not guilty, case dismissed.” The first half sometimes happens automatically. However, there’s no guarantee of that. Different counties have different policies as to whether or not they will automatically process § 991c expungements. Prosecutors in every county are generally very busy. Reviewing old cases to see if the defendant has completed every single requirement so that they can process a § 991c expungement is extremely low on their priority list.
It is not a good idea to count on a § 991c expungement happening automatically. Therefore, your best bet is to take the initiative to ensure that the 991c expungement occurs.
Traffic offenses are automatically removed from the public record after three years, but arrest records are never automatically expunged. The only way an arrest record can be expunged is through the procedures outlined in 22 O.S. § 19.
How Does An Ongoing Case Impact My Expungement Petition?
Having a criminal history or pending charges will absolutely affect one’s ability to get an expungement. There are a variety of categories of expungement that require the person seeking expungement to not have any misdemeanor or felony charges pending against them. Categories of expungements that require the person seeking the expungement to have no pending criminal charges:
- Charged with one or more misdemeanor or felony crimes and all charges have been dismissed;
- Charged with a misdemeanor and the charge was dismissed following the successful completion of a deferred sentence;
- Charged with a nonviolent felony and the charge was dismissed following the successful completion of a deferred or delayed sentence;
- Convicted of a misdemeanor and sentenced to a fine of less than $501;
- Convicted of a misdemeanor and sentenced to a term of imprisonment, a suspended sentence, or a fine greater than $500; and
- Convicted of one or more nonviolent felony offenses;
Therefore, if you do have a felony or misdemeanor charges pending against you, there is a likelihood that you will not be able to get an old arrest expunged. However, there are some categories of expungement that do not require the absence of pending charges. Those are the following:
- Conviction reversed by appellate court;
- Factual innocence established by DNA;
- Full pardon on the basis of actual innocence;
- Arrested and no charges are filed;
- Under 18 at the time of offense and received a full pardon;
- Crime was committed by another person who appropriated personal information; and
- Prostitution-related offense committed as a result of having been a victim of human trafficking.
For more information on the Application Of Expungement Process, 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.