A Guide to Expungements in Oklahoma
A Guide to Expungement in Oklahoma: Clearing Your Criminal Record
Having a criminal record can have a lasting impact on your life, affecting your ability to secure employment, housing, and even loans. Fortunately, Oklahoma, like many states, offers a legal process known as expungement that allows eligible individuals to clear or seal certain criminal records from public view. Here, we walk you through the expungement process in Oklahoma, though it's essential to keep in mind that laws can change, and it's advisable to reach out for a consult to discuss your specific situation and facts of your case.
1. Determine Eligibility:
The first step in the expungement process is determining if you are eligible. Eligibility criteria typically depend on factors such as the type of conviction, the time that has passed since the conviction, and your criminal history.
2. Gather Necessary Documentation:
To support your expungement petition, you'll need to collect all relevant documentation, including court records, arrest records, and any other pertinent paperwork related to your case.
3. Complete the Expungement Petition:
Once we’ve determined your eligibility, we prepare and complete the necessary forms and paperwork for expungement.
4. File the Petition:
We file your expungement petition in the appropriate court. The specific court where we file may depend on the type of record you want to expunge.
5. Pay Filing Fees:
Be prepared to pay any required filing fees associated with your petition. These fees can vary, but we have a schedule of typical fees so there are no major surprises for you.
6. Serve Notice:
In some cases, you may need to serve notice to relevant parties, such as the district attorney's office or law enforcement agencies. The court will provide guidance on this, but it's a step that should not be overlooked.
7. Waiting Period:
Oklahoma law may require a waiting period after the completion of your sentence or probation before you can apply for expungement. The length of this waiting period varies depending on the offense.
8. Court Hearing:
Depending on the circumstances of your case, a court hearing may be scheduled. During this hearing, the judge will review your petition and consider any objections raised by the prosecution.
9. Judgment and Order:
If the judge approves your expungement request, they will issue a judgment and order to expunge the records. This means that the records will be sealed from public view, and you can legally answer "no" when asked about certain convictions on job applications.
10. Notification to Relevant Agencies:
The court's order will be sent to relevant agencies, including law enforcement and the Oklahoma State Bureau of Investigation, instructing them to seal or expunge the records.
Clearing your criminal record through expungement in Oklahoma can be a complex and time-consuming process. As these laws change over time, it's crucial we stay informed about any changes in laws and procedures. It is important to note that each agency can have their own additional fee. For instance, currently OSBI charges $150, and OKC charges $150. Also, it is important to hire someone that understands the nuisances and specifics of expungement, because once the process is finalized you cannot reopen to clear a record that is tied to that charge that was missed in the original petition. Once finalized, it takes a court order to retrieve the documents from the court clerk.
Remember that expungement can be a vital step toward securing a brighter future, with improved access to employment, housing, and other opportunities. With the right legal guidance and a clear understanding of the process, you can take the necessary steps to leave your past behind and move forward with a clean slate.
