New Oklahoma Laws in 2016 Part III – Expungement Reform

On November 1, 2016, a variety of new measures will go into effect that make it easier for people to expunge their criminal records. HB 2397 makes the following changes to 22 OS 18:

  • You are now eligible to expunge a misdemeanor that was dismissed following successful completion of a deferred sentence if you have previous misdemeanor convictions.
  • Nonviolent felony offenses that have been dismissed after successful completion of a deferred sentence can be expunged in five years instead of ten.
  • Misdemeanor convictions where you were sentenced to a fine only of less than $501.00 are eligible for immediate expungement
  • If you were convicted of a misdemeanor offense and you were sentenced to a term of imprisonment, received a suspended sentence, or fined greater than $500.00, then you can expunge that conviction five years (instead of ten) after the end of the last misdemeanor sentence.
  • If you have been convicted of no more than two nonviolent felony offenses, received a full pardon for b both nonviolent felony offenses, have no felony or misdemeanor charges pending, and at least 20 years have passed since the last misdemeanor or felony conviction then you can have those two felony convictions expunged.
  • The definition of expungement now includes any public civil records involving actions brought by and against the State of Oklahoma arising from the same arrest, transaction, or occurrence. This will be helpful with DPS license revocation proceedings.

The full text of the bill can be found here: http://webserver1.lsb.state.ok.us/cf_pdf/2015-16%20ENR/hB/HB2397%20ENR.PDF.

The list of violent felonies is in 21 OS 13.1: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=104306.

If you need a criminal defense attorney or help with an expungement call The Urbanic Law Firm at 405-633-3420.