Are You Eligible for a Full Expungement in Oklahoma?
Did you know removing records from public view is possible with full expungements in the State of Oklahoma? At Beverly Atteberry Law Firm, we can help remove those misdemeanors & felonies and clear your record. Click to learn more about your expungement options.
Have you ever found yourself in a situation where you were convicted, only for the ruling to be overturned later on? Or maybe you were charged with a crime,and the presence of these charges on your record is now causing you significant problems? If you can relate to either of these scenarios, you might have the option to take control of what’s in the public eye. In the State of Oklahoma, there's a legal avenue in the State of Oklahoma that can help you regain control over what the public can see.
In Oklahoma, there exists a statute that offers a solution for certain misdemeanors & felonies, allowing them to be entirely sealed and removed from the public record. This legal process is known as a 'full expungement,' and it serves as your means to clear your record from public view.
At Beverly Atteberry Law Firm in Tulsa Oklahoma, we are deeply committed to helping people gain control over their public records. If the prospect of erasing your past history from public visibility interests you, read on to discover more.
What is a full expungement?
A full expungement, commonly referred to as the Section 18/19 expungement, is when your records are completely sealed off from public record. That includes fingerprints, arrest records, search warrants, along with court records and sentencing documents.
The benefit of having charges expunged is that these misdemeanors & felonies should not show up in background checks, or be available for anyone to pull those records in the future. So when you apply for a job, a new residence, or anytime someone needs to run a background check, any record of your demeanor will be gone.
It’s commonly thought that these records are destroyed, but that is not true. While records are sealed from public record, it’s important to note that these records are still available for law enforcement.
What are the qualifications for a full expungement in the State of Oklahoma?
In the State of Oklahoma, there are several common qualifications that allow you to apply for a full expunged record. Generally most of these qualifications are if your charges were dismissed, you received a pardon, or enough time has passed to apply for an expungement.
The first category of qualifications are for when you were either acquitted, received a pardon, or charges were dismissed. This commonly happens when you were acquitted at trial, or you were convicted and either had the conviction overturned or if you received a pardon.
The second category is if you were arrested or charged and sufficient time has passed. For the full expungement, if you had a non-violent felony charge, the time period is typically 5 years after the charge.
The third category is for when you shouldn’t have been involved and were proven innocent. This can be if DNA evidence proves your innocence, you were exonerated, or someone else was charged and falsely used your name.
Other common qualifications are if you received a juvenile conviction when the misdemeanor happened, your fine for the misdemeanor was less than $500, or if enough time has passed from your deferred sentence.
How does an attorney help me with my expungement?
While you can file for an expungement on your own, you will be expected to know the specific legal requirements, documentation, and proper actions to take. It’s strongly recommended to hire an attorney to help you with your expungement process since you will be held to the same standards as an attorney.
Because each client’s case is unique, there is no ‘one size fits all’ type of process for an expungement, which makes filing independently tricky. And while it is possible to file for an expungement on your own, the process involves strict adherence to specific legal requirements, documentation, and procedural steps. For this reason, it is highly advised that you consider enlisting the services of an experienced attorney to guide you through the expungement process. When pursuing an expungement, it’s important to know that you will be held to the same standards as an attorney, which is why the courts recommend asking for processional legal assistance for expungements.
Conclusion
If you’re determined to regain control over your future and eliminate any unwanted records from public view, you can trust Beverly Atteberry for your expungement. With her wealth of experience in this field, Beverly possesses the in-depth knowledge needed for the intricacies of expungements, the court processes involved, and the essential documentation required to successfully expunge your records. Don’t hesitate to schedule a complimentary 30-minute consultation to kickstart your expungement journey, and take control of your records.
References:
https://osbi.ok.gov/criminal-history/expungement
How Do I Remove Dismissed Charges From My Record in Oklahoma?
Have you finished the probation from a deferred sentence? If so, you might be able to remove some of those records from public view. Read more to learn more about partial expungements in Oklahoma.
Have you ever found yourself in a situation where you were charged with a misdemeanor or felony, and granted a deferred sentence? If so, the Oklahoma 911(c) law offers some cases/individuals the opportunity to pursue a partial expungement of their records once the probationary period is over. In simple terms, this means you have the opportunity to alter how your criminal record appears in the public eye until you can eventually remove it entirely. This is extremely helpful when you're in need of applying for a new job, a new residence, or any situation that requires a background check.
We understand that misdemeanors and felonies happen. At Beverly Atteberry Law in Tulsa Oklahoma, we want to help you move forward. With our extensive expertise, we can facilitate the partial removal and modification of public records once your deferred charges are in the past. To learn more about your options for partial expungements in Oklahoma, continue reading.
What is a partial expungement?
A partial expungement comes into play when you've been charged with a crime but have received a deferred sentence. In essence, a deferred sentence means that your sentencing was postponed, and instead of a conviction, you were placed on deferred probation.
While it's a relief to have the case behind you, a new problem arises shortly after—the lingering presence of these records. They can resurface whenever you attempt to secure a job, apply for a new place to live, or if anyone decides to look into your criminal history. Those records remain accessible to anyone with internet access.
Partial expungement offers a solution to this issue by allowing you to update the information that appears on your background checks and in the public record. While some explanation may still be necessary, it becomes significantly easier when your background check states 'dismissed.'
What crimes can be partially expunged in Oklahoma?
Expungement options primarily apply to misdemeanor and felony offenses. Misdemeanor crimes typically encompass DUIs, petty theft, traffic violations, minor drug charges, or disturbances of the peace in various forms. On the other hand, felony crimes often involve drug possession, larceny, burglary, and forgery. These offenses are frequently committed during a person's youth and can unfortunately cast a long shadow over their life, unless they take steps to seek expungement.
This is why we strongly recommend pursuing partial expungement as soon as your probation period concludes. It allows you to modify these records in a way that doesn't impede your future. With updated records, the process of applying for jobs and new residences becomes significantly simpler.
What does a partial expungement change on my records?
With a partial expungement, we are able to partially change what is in public view. From background checks to court records, it allows you to gain control over your records.
The first items that would be changed are within your record. The outcome will be changed from ‘deferred’ to ‘not guilty.’ The case will be dismissed, and background checks will now show ‘not guilty, case dismissed’ or ‘case dismissed’ depending on which government agency is holding the records.
Next, the court system that held the case will remove and seal the records from their system. Meaning, if anyone were to contact that court, they would not be able to give out that information.
How is a partial expungement different from a full expungement?
Partial expungements differ from full expungements in a fundamental way. Full expungements completely seal all records (including arrests), making them inaccessible to the public. So, given the option for a full expungement, why might someone choose a partial expungement instead?
The reason is straightforward. Partial expungements are accessible immediately after the probationary deferred period ends, whereas full expungements have eligibility requirements. For misdemeanors, you must wait for a year after the probationary deferred period concludes, and for felony charges, it's a five-year wait after the deferred period concludes.
*It's important to note that violent charges are not currently eligible for expungement in the state of Oklahoma.
If you've completed the probationary period for your deferred sentence, we highly recommend pursuing partial expungement as it offers a quicker solution until you become eligible for full expungement.
Conclusion
If you're seeking to regain control over your records through a partial expungement, Beverly Atteberry is prepared to assist you in expunging those records. To begin the process, Beverly offers a complimentary 30-minute consultation during which she'll explain the expungement process, address any questions you may have, and ensure that you're fully informed about what to anticipate. Don't hesitate to schedule your appointment today.
References:
https://osbi.ok.gov/criminal-history/expungement