You can expunge protective orders in Tulsa but it takes a skilled expungment attorney in your corner. If you’ve had a protective order issued against you, you may not be aware that it will stay on your criminal record. An expungement can remove or change a court record of an arrest or criminal conviction for specified offenses. Can this process also apply to Victim Protective Orders in Tulsa? Short answer, yes! Under certain conditions required by Oklahoma Law, you may be able to expunge a protective order that was issued by the State of Oklahoma.
Expunge Protective Orders in Tulsa
Clean the slate: Expunging a Victim Protective Order Pursuant to 22 O.S. § 60.18, the following 4 categories must apply in order for you to be eligible
to get a Victim Protective Order expunged:
1. An ex parte order was issued but later terminated due to dismissal of the petition before the full hearing, or denial of the petition upon full hearing, or failure of the person asking for the order to appear for full hearing, and at least ninety (90) days have passed since the date set for full hearing;
2. The person seeking the order filed an application for a victim protective order and failed to appear for the full hearing and at least ninety (90) days have passed since the date of the full hearing, including the last date set for any continuance, postponement or rescheduling of the hearing;
3. Either you or the plaintiff has had the order vacated and three (3) years have passed since the order to vacate was entered; or
4. Either you or the plaintiff is deceased.
A Petition for Expungement must be filed with the court. Additionally, proper notice requirements must be satisfied for the court to hear and grant the order to expunge. This includes notifying the person who initially ordered the protective or and the District Attorney. In making its decision, the court will weigh the privacy concerns for sealing the protective order against public and safety interests of retaining the order. Either or both parties can file an objection to the expungement of the protective order. Hiring an expungement attorney will be beneficial in making sure you get your petition properly filed and ultimately getting the court to wipe the protective order off your record.
Find a Qualified Expungement Attorney Near You
Sometimes protective orders are necessary to provide immediate protection for the victim. At the same time, they can also be used as bargaining chips in a paternity or divorce proceeding when one is not in genuine need of an emergency protection order. Regardless, having this protective order on your background can diminish employment opportunities and cause personal distress. But theres help. Yes you can expunge protective orders in Tulsa. Get it touch with one of our skilled expungement attorneys in today to assist you through the process of clearing your record.