Oklahoma's Top Expungement Attorney
Expungement is an attorney-led process that uses Oklahoma’s District Courts to erase or change criminal record(s). Aside from the obvious meaning of the phrase “criminal records”, the term has not specifically been defined by Oklahoma’s Courts. Many of the individuals who find themselves convicted of a crime in Oklahoma are generally not bad people. That is why the Oklahoma Legislature has put into place certain procedures to allow individuals previously convicted of a violation of the Oklahoma Statutes the ability to move past the conviction. Retaining an expungement lawyer can help assist in this situation.
Not every law firm handles this procedure, so it is integral that you consult with an attorney who has a vast background in law and litigation. The laws on record expungements commonly change from year to year, so make sure that you hire a lawyer understanding of the process.
Are there different types?
Yes.
A Section 18 expungement allows a person to expunge their entire arrest record. This what most people have in mind when they think about clearing their respective record. It will wipe the arrest and the criminal disposition clean from your Oklahoma State Bureau of Investigations (OSBI) record, and it will also order the removal of any information related to the criminal charge, and the expungement lawsuit itself, from the internet.
A Section 991(c) expungement allows a person who received a deferred sentence to expunge their plea, and have the disposition of their case updated to show the case has been dismissed. The disposition will say, "pled not guilty, case dismissed". However, a 991(c) expungement will not expunge (remove) the arrest record.
These two types are not mutually exclusive. That is to say, a person can petition for both a 991(c) when he or she becomes eligible and then petition from a Section 18 when he or she becomes eligible for that relief as well.
After an expungement is3 completed, the expunged records are removed from public view, and eventually destroyed after a 10 year waiting period. Additionally, record-holding agencies will deny the existence of the records, and you are also allowed to deny that a criminal incident ever occurred. Finally, employers, educational institutions, and other statutorily defined entities cannot deny you employment and other opportunities based solely on the expunged criminal records.
Finally, even if you can't erase your records with a full 18/19 expungement as described above, you may still be able to change your record with an expungement: for example, by amending your OSBI records from "Pled Guilty, 5 Year Deferred Sentence" to "Pled Not Guilty, Case Dismissed" through a 991c expungement.
I’d like to learn more about the specifics of each kind of expungement. What is the difference between an 18/19 and a 991c expungement?
As an example, if a person was arrested by the Oklahoma City Police Dept. for felony Possession of Marijuana, plead "guilty", and completed a 3 year deferred sentence, they would have these criminal records:
Arrest records with the Police Dept., detailing the arrest itself;
Court records at the Courthouse, containing the court case documents;
Court records on OSCN.net / ODCR.com, posting the court records online;
A background check entry with OSBI, showing: "Possession of Marijuana / Pled Guilty / 3 Year Deferred Sentence"
After a “full” 18/19 expungement was completed, the following would occur:
Arrest records with the Police Dept. would be sealed from public view;
Court records at the Courthouse would be sealed from public view;
Court records at OSCN.net or ODCR.com would be removed;
The background check entry with OSBI would be removed;
Additionally, if asked about the expunged records, staff at those agencies above would reply that "no record" exists as to the incident. You would also be able to deny that the incident ever occurred; and broadly speaking, employers, educational institutions, state agencies, and other statutorily defined entities would not be able to deny you employment or other opportunities based solely on the expunged records.
In contrast, a “partial” 991c expungement of the same records would have the following effect:
Arrest records with the Police Dept. would not be sealed;
Court records at the Courthouse would be sealed from public view;
Court records at OSCN.net or ODCR.com would also be removed;
The background check entry with OSBI would remain, but it would be updated to show: “Possession of Marijuana / Pled Not Guilty / Case Dismissed”.
As you can see, the “full” 18/19 expungement has a better result and seals more records - however, it typically requires a longer waiting period: one year on a misdemeanor, and five years on a felony. On the other hand, a “partial” 991c expungement can be completed immediately after the deferred sentence is over, and so it can still be valuable while you are waiting on the “full” 18/19 expungement.
Do I Need a Lawyer?
The Oklahoma State Bureau of Investigation (OSBI) generally stresses that you hire a lawyer to help with the expungement process. However, the language describing the method of obtaining an expungement is in Title 22 Section 18, and Title 22 991(c) of the Oklahoma Statutes. As such, it is possible to try and attempt the process on your own, but why take the risk? Moreover, Oklahoma laws changed in November of 2012, November of 2014, and new Oklahoma expungement laws were again added and modified in November of 2016.
If that were not enough change to keep up with, new expungement laws were again implemented in November of 2018. The newest batch of modifications to Section 18 expungements have some interesting interplay with potential pardon ramifications. Consequently, you are advised to tread carefully if you intend to embark on this complicated legal procedure unguided.
But with so much fluctuation in the laws, why would you not hire an attorney who regularly handles these procedures and has the legal knowledge to adequately assist you? The laws are constantly changing, and it is important that you do not waste valuable time and money when you need to get something removed from your record. A petition for expungement should be viewed the same as any other legal proceeding: if you are going to appear in court or initiate a lawsuit, you should hire an attorney that can protect your interests and make sure that you get the exact relief you are requesting.
Hiring an Expungement Lawyer in Oklahoma
If you or a loved one has been convicted of a crime, you may be eligible to have the criminal record of your conviction expunged. You need an Oklahoma City law firm that has a near-perfect 99.9% success rate with nearly a decade of practice. The results speak for themselves - no criminal record is too difficult; Diver Law Firm has represented clients from simple bad checks to drug trafficking, sexual abuse dismissals, and violent crimes cases. Contact us today - 405-896-8080