Diver Law Firm takes pride in offering professional help at competitive rates. Our fees are determined on a case-by-case basis. We charge a flat rate for our services and will not be increased if additional work is required on your case. See our FAQ page about payment plans that can suit your financial needs.
If you or someone you know have an arrest record or have past criminal charges, contact us today for a free consultation with a professional and experienced Oklahoma Expungement lawyer.
Expunging your record is the process one must endure in order for the record of a criminal conviction or arrest removed by Court Order. Depending on the type of conviction and expungement required, there are many regulations and rules that must be followed. There are also multiple government agencies that must be contacted and put on notice in order to entirely seal the record. Those agencies ultimately will agree or object, in which case a contested hearing may have to be held in order to complete the process. Once complete, the record is deemed not to exist and the person may deny the existence of the court records in most situations.
While many people feel that their criminal convictions or arrest records should simply disappear from their records after some period of time, unfortunately, this is not the case. Even if a petition is filed, there are very rare occasions in which either the arresting agency, the District Attorney's office, or Oklahoma State Bureau of Investigation may object to the expunging of certain court records.
In order to have an arrest and criminal record expunged you must petition the District Court in the District the arrest was made. In most cases, you have to file an actual civil lawsuit against the state of Oklahoma requesting that your arrest record, and all other records related to the case and prosecution, be expunged from public access. It is always in your best interests to consult an experienced and accomplished expungement attorney that has helped hundred of people navigate the expungement process in the state of Oklahoma. If you have been convicted of a crime and have completed all of the terms and conditions of your sentence, you may be eligible to have the criminal record of your conviction expunged. Contact Diver Law Firm, a dedicated expungement attorney that will fight to clear your record. Call (405) 896-8080 for a free consultation and expungement evaluation today!
Free Expungement Application
Do you have questions about your criminal or arrest records?
Follow the link below and complete a free expungement application to see if you qualify for a full Expungement of your Oklahoma criminal records. Please provide as much detailed information about the records you wish to have removed and we will be happy to properly evaluate whether you qualify for an Expungement in Oklahoma.
Why is our cost so low?
We believe in affordable prices and access to justice. More importantly, because most expungements are not that complicated.
We believe that most lawyers are overpriced and charge too much for services like expungements.
Our fee is designed to compensate us for our time involved in screening the client’s case, preparing the proper documents, circulating the documents to all parties including the court and all law enforcement agencies; our appearance before the judge at the final hearing, and our work after the expungement in sending the court’s order to all agencies.
How Does an Expungement Work?
An expungement is an order of a District Court that seals any public record of an arrest of criminal offense, regardless of the Oklahoma agency possessing the records. These agencies often include the arresting agency, the Oklahoma State Bureau of Investigation (OSBI), the Oklahoma Department of Public Safety, any jail facility at which the individual was or has been held, any court clerk or municipal court at which an individual was required to appear in regards to an arrest. A Section 18 expungement is the legal order that prevents an arrest, a probation period, or charges and a conviction from appearing on an OSBI background check or any public record. It is important to note that getting a case dismissed pursuant to a deferred sentence does not seal your OSBI arrest record. A Section 18 expungement is absolutely necessary to seal your OSBI records.
What is the process of obtaining an Expungement?
In order to qualify for an expungement in Oklahoma, an individual must satisfy one of the requirements under Title 22, Section 18 of the Oklahoma Statutes. This differs from the sealing of a court file pursuant to a Section 991(c) deferred sentence. There are several factors that weigh on your ability to qualify under this statute so it is important to consult with an experienced Oklahoma Expungement Attorney about your case.
If an individual qualifies, a civil lawsuit must be filed in Oklahoma District Court in the county in which the charges were prosecuted. This requirement applies regardless of whether the charges were prosecuted in state court or a municipal court. Once your lawsuit has been filed, a hearing date will be set within 30 to 45 days. Notice must be provided to all interested parties including the arresting agency, the prosecuting office and the Oklahoma Bureau of Investigation. It may also be necessary to give notice to the Oklahoma Department of Public Safety and any facility into which the individual was booked or held after the arrest.
If no one objects to the granting of the expungement, all parties will typically sign an agreed proposed order that is then presented to the District Judge for signature. Certified copies of the order will then be distributed to all parties and all public records of the arrest, prosecution, probation and/or conviction will be sealed to the public. Some parties, including OSBI, may require a fee to expungement or destroy records. If all parties do not agree, then the court will hold the hearing to determine if the expungement should be granted. The court will balance the need for the public to know for public safety purposes versus the harm to the privacy of the person in interest or dangers of unwarranted adverse consequences.
What happens after it’s final?
Once the expungement is signed and filed with the District Court Clerk, an individual - as well as law enforcement - may reply to an inquiry about an arrest or charge that no such event happened and be safe in knowing the law in Oklahoma says this is true. However, even with an expungement, law enforcement and prosecuting authorities will always be bale to see the sealed information in relation to law enforcement needs; they just cannot share or publicly disclose the information.
To learn more about Oklahoma Expungement or to see if you may qualify for an Expungement in Oklahoma, call Diver Law Firm at (405) 896-8080 or email us at diverlawfirm@gmail.com to schedule a free consultation.
Appeals and Post-Conviction Relief
Unfortunately, the criminal justice system is flawed; sometimes the innocent are jailed and wrongs are not made right. Fortunately, there are appeal processes in order for wrongfully convicted individuals to pursue relief and rectify the mistakes made during the criminal process. Anytime a person is convicted of a serious crime or criminal offense, it is advisable to seek an evaluation of a direct appeal. Consulting with an experienced criminal appeals attorney can be the difference between spending one’s life behind bars and putting a false criminal conviction in the past. Not every error is actionable; common grounds for appeal in Oklahoma include:
Newly Discovered Evidence - newly discovered evidence is evidence that is potentially mitigating and that could not be presented at trial or that is discovered post-conviction;
Legal Error - legal errors include evidence that has been improperly submitted, incorrect jury instructions, and convictions based on insufficient evidence;
Juror Misconduct - juror misconduct includes discussing the case with other jury members outside the jury room before deliberation, discussing the case with anyone until the verdict is delivered, watching news reports or other media about the case, accepting a bribe, failing to disclose information during voir dire, being intoxicated or impaired during the trial and/or deliberations, and sleeping during trial or otherwise failing to pay attention;
Prosecutorial Misconduct - prosecutors will be faulted for admitting false testimony, manipulating witness testimony, or willfully omitting exonerating evidence from the defendant or at trial; and
Ineffective Assistance of Counsel - defense attorneys often do the very best they can at trial though, there are instances where effective legal assistance is lacking. These instances include failing to investigate claims of innocence, failing to object to prosecution statements, failing to object to evidence or suppress evidence, giving incorrect legal advice, or withholding a plea offer.
If a direct appeal on any of the above-referenced grounds is unsuccessful, an individual must pursue an Application for Post-Conviction Relief under the Uniform Post-Conviction Relief Procedure Act. This provides an incarcerated person, and their attorney, an ability to collaterally attack a criminal conviction if you can claim in good-faith:
that the conviction or the sentence was in violation of the Constitution of the United States or the Constitution or laws of this state;
that the court was without jurisdiction to impose sentence;
that the sentence exceeds the maximum authorized by law;
that there exists evidence of material facts, not previously presented and heard, that requires vacation of the conviction or sentence in the interest of justice;
that the sentence has expired, the suspended sentence, probation, parole, or conditional release was unlawfully revoked, or you are otherwise unlawfully held in custody or other restraint; or
that the conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error heretofore available under any common law, statutory or other writ, motion, petition, proceeding or remedy.
If considering an application for post-conviction relief, it is important to consider that you may not argue:
an issue that were already raised in your direct appeal; and
issues that could have and should have been argued in your direct appeal but were not brought up.
It is never a good idea to undertake such a complex procedure without the guidance of al licensed attorney, as you will run the risk of waiving issues that may be relevant. Moreover, you need retained counsel to help assure your petition includes any and all federal claims that you may have in case you decide to pursue a Federal Habeas action. Michael T. Diver has experience with investigating claims of actual innocence and helping prepare applications for post-conviction relief with the Oklahoma Innocence Project and has helped file successful direct appeals in the State of Oklahoma and Writs of Federal Habeas Corpus. Call Diver Law Firm today at (405) 896-8080 for a free consultation on any potential ground for relief.
Pardons, Parole, & Commutation
If you or a loved one has been convicted and incarcerated in Oklahoma, you may be eligible for pardon, parole, or commutation. An Oklahoma inmate becomes eligible for parole after completing one third of his or her sentence. Offenders who are convicted of violations which are considered “violent offences” under the Oklahoma Statutes are required to have a two-stage parole hearing. The first stage of the parole hearing consists of the Probation and Parole Board reviewing a report on the inmate as provided by the Oklahoma Department of Corrections. Then, the Probation and Parole Board will decide whether or not the inmate may proceed to the second stage of the parole proceedings. In the event that the inmate is allowed to proceed to the second stage, his or her case will be set on the next month’s docket, where it will be heard and decided.
In the alternative, a commutation is used to change the length of a sentence. Sentences can also be commuted to "time served," effectively ending the sentence and releasing the inmate unconditionally. There is no special process to apply for a commutation though it is entirely advisable to consult with an experienced commutation attorney prior to submitting an application. The Parole Board can consider someone for a commutation at the time of his or her regular parole consideration.
The remedies do not end there; certain constitutional rights may be restored with a Governor’s Pardon. Be advised, under Oklahoma law, a pardon will not clear your record. It does not prevent your criminal record from being considered when decisions are made concerning employment or other matters. Even if you are granted a pardon, your record may continue to affect you. If you are recommended for a pardon by the Pardon and Parole Board, your file will then be sent to the Governor for consideration. The Board’s recommendation must be approved by the Governor for a pardon to be granted. You will be notified of the decision of the Board and the Governor.
Some believe that, since a pardon does not completely clear your record in and of itself, a pardon application is not worth the time or money it takes to pursue. However, this is not true. Under Oklahoma law, a pardon can help a convicted felon reclaim many of his or her civil rights, including the right to own and possess a firearm and the right to vote. A pardon may also make it much easier to gain employment and enjoy certain public benefits. As noted above, an expungement of a felony conviction without a pardon could lead to unforeseen issues and potential trouble. If you or a loved one has been convicted of a crime, you may be eligible for a pardon or expungement. Contact Diver Law Firm for a free consultation and case evaluation to determine the best route forward. Call today at (405) 896-8080 and retain an accomplished attorney ready to fight for your rights.