Knowing what crimes that can’t be expunged in Oklahoma is crucial if you are looking to wipe your slate clean. If you have a criminal record in Oklahoma, certain charges can removed from your history, but not all. This is an expungement, and while it can offer a fresh start for many, not all crimes are eligible for this process. This can impact your long-term ability to clear your record. This article will dive into the various offenses an expungement can’t get rid of. For other legal topics, feel free to check out our Tulsa Criminal Lawyers Blog.
Violent Felony Offenses
If you have a conviction of a violent felony, your record cannot be expunged. These offenses generally include crimes that involve harm or threat of harm to another person. For example, assault, murder, or robbery are not eligible. This category also includes any felony that requires registration under the Sex Offenders Registration Act. If your crimes falls under this category, it can’t be expunged and will typically remain part of the public record. Thus, the only way you would ever be able to restore your rights is through being granted a state or federal pardon.
Multiple Felony Convictions
If you have a conviction of more than two felony offenses, you are eligible for expungement but it takes longer. More than two felony convictions requires you to also get a Governors pardon. Oklahoma lengthens the time expungement takes for those who have two or more felony convictions. Once again violent felonies or require sex offender registration can not be expunged. Oklahoma’s goal with expungements is to give a chance to people who want a new chance at life, not career repeat offenders.
Recent Felony Convictions
For those who receive a conviction of a nonviolent felony that is not specifically excluded, you must wait at least five years after completing your sentence before your records can be expunged. Once the five years pass and you pay your fines, you may seek an expungement. This wait period is there to help discourage recidivism since you can’t have more than two felonies on your record. By implementing a waiting period, Oklahoma is able to encourage people to consider the consequences should they receive another felony.
Misdemeanors with Recent or Multiple Convictions
If you receive a conviction of a misdemeanor and sentenced to imprisonment or a fine greater than $500, you must wait five years after the completion of your last sentence for expungement eligibility. Also, if you receive a conviction of more than one misdemeanor in the past seven years, you are ineligible for expungement of any nonviolent felony.
Charges Resulting from Deferred Judgment or Delayed Sentence
If the court dismisses your misdemeanor or felony following the completion of a deferred judgment or delayed sentence, specific waiting periods apply. For misdemeanors, you must wait at least one year after dismissal. For nonviolent felonies, the waiting period extends to five years. These conditions must happen without any pending criminal charges.
Crimes Involving Failure in Rehabilitation Programs
If you failed a court-ordered treatment program and this failure resulted in an accelerated or revoked sentence, you must successfully complete a subsequent treatment program before considering expungement. This helps ensure your commitment to rehabilitation.
Tulsa Expungement Lawyer
While there are some crimes that can’t be expunged, there might be other legal options available to reduce the impact of a criminal record. These can include pardons or sentence modifications, which, while not removing the crime from your record, may alleviate some of the associated burdens. Understanding the limitations of expungement in Oklahoma is important for managing expectations regarding clearing your criminal record. For crimes that are ineligible for expungement, it’s important to consider the long-term implications and seek alternative methods to mitigate the impact on your future. To learn more about expungement options for your criminal record in Oklahoma, contact us at Tulsa Criminal Lawyers Law Firm. Call 918-416-0358 or visit us online to schedule a consultation with an expungement lawyer. We’re here to help clarify your legal rights and options.