If you have a misdemeanor record in Oklahoma and are considering sealing it, you might be wondering about the steps involved and how you expunge a misdemeanor record. Expungement can offer you a fresh start, free from the burdens that come with a criminal record. Through the use of a section 18 expungement you can seal the criminal misdemeanor as if it never happened. The following information addresses the process, so you know what to expect.
Understanding Expungement
Expungement is the process of sealing or erasing a criminal record from public view. In Oklahoma, not all records are eligible for expungement. The specific circumstances of your case, such as the nature of the crime and your criminal history count. Successfully expunged records will not appear in most background checks, which can significantly improve your chances of securing employment, housing, and other opportunities.
Eligibility for Expungement in Oklahoma
The first step to expunge a misdemeanor record is to determine if you are eligible. Not all records in our state can be expunged but most misdemeanors are eligible. In Oklahoma, individuals convicted of misdemeanors may also seek expungement under specific conditions, which seal their records from public view, though law enforcement can still access them for criminal justice purposes. Notably, a person may qualify for expungement if:
- They have a misdemeanor conviction, were fined less than $500, and have no imprisonment or suspended sentence, with the fine fully paid or time served. No pending charges must exist, and the individual should not have any felony convictions.
- They have a misdemeanor conviction with a suspended sentence, term of imprisonment, or a fine greater than $500. At least five years must pass since completing the sentence, with no other felony or misdemeanor charges pending.
- The misdemeanor charge was dismissed following a deferred judgment or delayed sentence, provided that at least one year has elapsed since dismissal, with no other felony or misdemeanor charges pending.
The eligibility process is different for juveniles.
The Process of Filing for Expungement
Once we determine your eligibility, the next step is to file a petition for expungement. This id filed in the district court where the arrest or conviction occurred. You will need to prepare several documents, including a petition that outlines your request and details about the arrest or conviction you wish to expunge. This document needs to be precise and must meet all legal requirements to avoid delays.
When you file your petition, you must also notify all relevant parties involved in your original case. This includes the district attorney, the agency that arrested you, and any other agencies that might have records of your offense. These parties have the right to object, which could result in a hearing. If so no worries we know how to get it done.
What Happens After Filing?
After you have filed your petition and notified all relevant parties, the court will review your application. If there are no objections, and the court finds that you meet all the requirements for expungement, they may approve your petition without a hearing. However, if there are objections a hearing is necessary and, you we will present your case in court.
During the hearing, you will have the opportunity to show that your behavior since the conviction warrants an expungement and that doing so would be in the interest of justice. The judge will consider factors such as your behavior post-conviction, your compliance with the law, and any efforts you have made towards rehabilitation.
If the court grants your expungement, the record of your misdemeanor will be sealed. This means it will not be accessible to the public and will generally not appear in background checks. However, certain government agencies might still be able to see sealed records under specific circumstances.
Tulsa Expungement Lawyer
You can expunge a misdemeanor record in Oklahoma if you get the right help. Successfully expunging your misdemeanor record can significantly impact your life. It does this by opening up opportunities that were previously unavailable because of your criminal history. With your record sealed, you can honestly state on job applications that you have not been convicted of a misdemeanor. This can make a crucial difference in how you are perceived by potential employers and others. If you want to clear a misdemeanor record in Oklahoma, a Tulsa expungement lawyer can help. We help you understand and manage the process. Contact Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or online to schedule a consultation with an attorney.