Understanding Section 18 Expungement in Oklahoma
A person can get a felony expungement in Oklahoma but they must qualify. There are a few different kinds of expungements in Oklahoma. The must effective expungement that seals you criminal record is a section 18 expungement. This expungement is different than a deferred sentence expungement otherwise know as a 991C. In Oklahoma, Section 18 felony expungement in Oklahoma refers to a specific provision under the state’s expungement laws that allows individuals to seal certain criminal records from public view. Further, Section 18 of Title 22 of the Oklahoma Statutes outlines the eligibility criteria and procedures for obtaining expungement under this provision.
Qualify for a Section 18 Expungement:
To qualify for Section 18 expungement in Oklahoma, individuals must meet certain eligibility criteria, including:
- Dismissal of Charges: The criminal charges against the individual must receive a dismissal from the court. The court can dismiss them or receive a dismissal through successful completion of a deferred or suspended sentence.
- No Conviction: The individual must not have a conviction of any felony or misdemeanor offense in any state within the past years from the date of filing the expungement petition.
- No Pending Charges: There must be no pending criminal charges against the individual in any jurisdiction at the time of filing the expungement petition.
- No Subsequent Convictions: The individual must not have been convicted of any felony or misdemeanor offense in any state subsequent to the dismissal of the charges that are the subject of the expungement petition.
Most Prior Criminal Records Can Be Sealed:
Under Section 18 expungement in Oklahoma, individuals may be able to seal certain types of prior criminal records, including:
- Dismissed Charges: Criminal charges that the court dismisses, either with or without prejudice, can be eligible for expungement under Section 18. For dismissed cases you must wait until the statute of limitations has run on the crime. Once its run you can get the Section 18
- Deferred Sentences: Records of deferred sentences, where the individual successfully completed the terms of probation or supervision, may be eligible for expungement. Normally this is a 991C expungement. This does not seal the record rather you need to go a step further and that’s what the Section 18 does when it seals the record.
- Acquittals: Records of cases where the individual was acquitted of all charges by a judge or jury can also be expunged under Section 18.
- Pardoned Offenses: In some cases, pardoned offenses may be eligible for expungement, depending on the specific circumstances and the granting of the pardon by the Governor of Oklahoma.
Positive Benefits of Section 18 Expungement:
Obtaining a Section 18 expungement in Oklahoma offers several benefits, including:
- Improved Employment Opportunities: Sealing criminal records can make it easier for individuals to secure employment, as employers may not have access to the expunged records during background checks. This is an unquestionable benefit. Now adays its easy for people to search records in relation to employment. The Section 18 seals the record so that it can not be seen.
- Housing Opportunities: Expunging criminal records can also improve access to housing, as landlords and property managers may not consider expunged records during rental applications.
- Professional Licensing: Expungement can open doors to obtaining professional licenses and certifications that may have been previously denied due to a criminal record. Nothing hurts licensing more than a felony conviction. With a expungement not all felony’s are sealed but everything except violent felonies are gone.
- Personal and Social Benefits: Beyond the legal and practical advantages, expungement provides individuals with a sense of closure and the opportunity to move forward with their lives without the burden of past mistakes.
Oklahoma Expungement Lawyers You Can Count On
Navigating a felony expungement in Oklahoma can be complex, and it’s essential to seek guidance from an experienced attorney who understands Oklahoma’s expungement laws. Additionally, the thing that makes expungement law tricky in Oklahoma is that the law itself has undergone several changes in the past few years. Just when one law changes the legislatures in Oklahoma change it again. However, the good news for us as citizens is that many of the changes to the law make sealing the record easier.
At Tulsa Criminal Lawyers Law Firm, our dedicated team of legal professionals commits to helping individuals navigate the expungement process and pursue a brighter future. If you would like a free consultation with a section 18 expungement attorney in Oklahoma call our lawyers at 918-416-0358. Or send an email to ask a free legal question.