Oklahoma Expungement Attorney
Many of the individuals who find themselves convicted of a crime in Oklahoma are generally not bad people. That is why the Oklahoma Legislature has put into place certain procedures to allow individuals previously convicted of a violation of the Oklahoma Statutes the ability to move past the conviction. Retaining an expungement attorney can help assist in this situation.
What is an Expungement?
An expungement is the process a Defendant must endure in order to get the record of a criminal conviction or arrest removed by Court Order. Once the expungement is complete, the record is deemed not to exist and the Defendant may deny the existence of the records for most intents and purposes.
Are there different types of expungements?
A Section 18 expungement allows a person to expunge their entire arrest record.
A Section 991(c) expungement allows a person who received a deferred sentence to expunge their plea, and have the disposition of their case updated to show the case has been dismissed. The disposition will say, "pled not guilty, case dismissed". However, a 991(c) expungement will not expunge (remove) the arrest record.
What is the difference between an expungement and a pardon?
Expungements and pardons are not the same. Please see our page on Oklahoma pardons for more information.
How do I get an arrest expunged?
In order to have an arrest record expunged you must petition the District Court in the District the arrest was made.
Do I need a lawyer?
The Oklahoma State Bureau of Investigation (OSBI) generally stresses that you hire a lawyer. However, the language describing the method of obtaining an expungement is in Title 22 Section 18, and Title 22 991(c) of the Oklahoma Statutes. As such, it is possible to try and attempt an expungement on your own, but why take the risk? Moreover, Oklahoma expungement laws changed in November of 2012, November of 2014, and new Oklahoma expungement laws will again be added and modified in November of 2016. With so much fluctuation in the expungement laws, you need someone who regularly handles expungements and has the legal knowledge to adequately assist you.
Does it matter that the arrest occurred more than 10-20-30 years ago?
The only requirement is that you meet the qualifications of the expungement statutes before an expungement can be granted.
Do I automatically get an expungement if I qualify under the statutes?
The OSBI will object to an expungement petition if it feels that the public interest in retaining the record outweighs the adverse consequences of keeping the record. Even if a person qualifies, both OSBI and the District Attorney's office can object on policy grounds.
If you or a loved one has been convicted of a crime in Oklahoma, you may be eligible to have the record of your conviction expunged. You need an Oklahoma expungement attorney, and you need one right now. Call the Law Offices of Adam R. Banner, P.C., and retain an accomplished attorney ready to fight for your rights. Call us today at (405) 778-4800 for a free consultation.