Are You Eligible for a Full Expungement in Oklahoma?
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