Time to Move On - Expunge Your Record
Make the Decision to Expunge Your Record
Everyone who has been through the criminal justice system understands that a criminal conviction, even for a mere misdemeanor offense, can have profound consequences on many aspects of your life. From job prospects and educational opportunities, civil liberties and social benefits, and even personal relationships can all be destroyed or hampered because of the stigma of a criminal record. This is true even if you were arrested and no charges filed, or your case or charges were dismissed at some point.
Because technology today allows for information to be shared more easily, your criminal record can be accessed by the public at large. All district courts in Oklahoma post their dockets online at the Oklahoma Supreme Court Network (OSCN) or at On Demand Court Records (ODCR), and many municipal courts post their information online as well. This means that anyone can, for free, visit these websites and quickly determine if you have a criminal record in Oklahoma. Additionally, Oklahoma State Bureau of Investigation (OSBI) offers an extensive criminal history check that exposes more records than its online counterpart. Typically, this is the background check that most employers, licensing boards and agencies, and apartment complexes use to check potential criminal history. While this is a paid option, a mere $15 is usually worth a more thorough and accurate report.
Luckily, Oklahoma provides multiple avenues for you to expunge your criminal record. This means that your name and identifying information will be completely removed from municipal or district court records and online databases. However, depending on the type of criminal charges or conviction you received will affect the type and timing of expungement you will be eligible for. If you want to erase your criminal history, Diver Law Firm can help you understand the different types of expungements, the eligibility requirements for each, and the process you must take in order to ensure your expungement is handled effectively and is granted.
Qualifying for Expungement
Oklahoma law provides the expungement of criminal records after the successful completion of a deferred sentence, a juvenile offense, misdemeanors and non-violent felonies, expired or dismissed Victim Protection Orders, and arrest records when no charges were filed. In some instances, an expungement will only remove a person’s name from court records and online databases however, a person may still wish to have their FULL record expunged in law enforcement and OSBI databases.
Generally, there are two types of expungements in Oklahoma and the availability of each depends on whether you faced and/or were convicted of misdemeanor or felony offenses. Section 991(c) provides an avenue to expunge deferred sentences while a Section 18 expungement will fully expunge your criminal record. Misdemeanor cases have a shorter time period you must wait before you can expunge whereas felony cases generally require at least five (5) years to have passed since you completed the sentence. Below, you can find a general illustration of expungement eligibility based on the type of charge and outcome of the case but please, do not rely solely on this as your case will present a variety of important details that is worthy of a though conversation with an experienced Oklahoma expungement lawyer.
It is very important to note that record expungement is not always automatic. Obviously, a full expungement is more beneficial however, there are eligibility restrictions and cost restraints that make it more difficult to obtain. In most cases, you must file a law suit against the state and appear in the district court where your initial case was heard. In some instances, there may be an objection to the expungement of your criminal records where the state contends the public’s need to know about your offense outweighs your privacy rights. This is where an experienced Oklahoma expungement lawyer can effectively argue that your records should be sealed in light of the public’s interests. In any case, petitions for expungement must be filed in the appropriate district court while naming the necessary parties. There are also important legal procedures that must be followed to ensure the positive outcome of your expungement petition.
While state law does not require you hire an attorney to represent you in pursuit of an expungement, it is highly advised. Even OSBI recommends finding legal representation in order to ensure the best result in your petition for expungement. It is also important to consider that Oklahoma expungement laws change frequently. For example, expungement laws changed in November of 2012, November of 2014, and new criminal expungement laws were again added and modified in November of 2016. Further, because of recent criminal justice reform, new expungement laws went into effect in November of 2018. Why would you not retain a qualified and experienced Oklahoma expungement lawyer who regularly handles these procedures and has the legal knowledge to assist you? Do not waste your valuable time and money by filing incorrect and inadequate pleadings, failing to notify all necessary parties, or by failing to meet the statutory requirements.
You May Still Face Deportation or Removal
Federal immigration law seeks to uniformly classify noncitizens convicted of crimes as eligible for deportation or removal through the label of criminal activity. Immigration laws that were passed in 1996 made it significantly easier for undocumented immigrants and non-citizens to be deported or removed when they are convicted of a crime, even for minor offenses and misdemeanors. Under the Immigration and Nationality Act (INA), a conviction includes any case where a person pleads guilty to a crime or some kind of punishment is imposed including a mandatory diversion program or a suspended sentence, for instance. Even when the record is expunged or sealed, it can still be used as a justification for deportation or removal.
In any event, if you are an undocumented immigrant or a non-citizen enjoying some immigration benefit and you have been previously convicted of a misdemeanor or felony, it is imperative you seek the advice of an experienced criminal justice and immigration attorney that can help you navigate the expungement process and complex US immigration law.
Legislative Help – Congress is Coming
The push for criminal justice reform has also included the need for people to move on from past mistakes and previous criminal convictions and Congress is trying to make it easier for individuals to have their criminal records expunged. The Record Expungement Designed to Enhance Employment Act, or the REDEEM Act, seeks to make it easier for criminal records to be sealed or expunged, especially for juveniles and juvenile offenders as well as non-violent adult offenders. The law would also improve the FBI’s background check process and will eliminate the rules prohibiting federal public assistance to individual convicted of crimes. This type of criminal justice reform enjoys bipartisan support and was introduced into Congress by Presidential Candidate Corey Booker and Senator Rand Paul. While the bill has bipartisan support in Congress, it has been over two years since it was introduced and has yet to see it signed into law. This is sure to be a pivotal arguing point in the upcoming 2020 Presidential Campaign.
Start Your New Life: Expunge Your Oklahoma Criminal Record
If you or a loved one have been previously arrested, charged, or convicted of a crime in Oklahoma then you may be eligible for an expungement of your record. If you believe you may be eligible for an expungement, contact Diver Law Firm today and schedule a free consultation with an experienced and accomplished Oklahoma expungement lawyer. Diver Law Firm can review your arrest records, district court disposition, and OSBI criminal history to discover your eligibility and can help determine your best pathway towards a clear record.