405-778-4800
Criminal Attorney Oklahoma Defense Lawyer Adam R. Banner OKLAHOMA CRIMINAL DEFENSE ATTORNEY AT LAW
This Attorney is Lead Counsel Rated. Click here for more Information.

Changes to Oklahoma Expungement Law Will Soon Take Effect

15-Oct-2014

In approximately two weeks, the changes to Oklahoma's expungement laws enacted by the state legislature this spring will take effect. This means that on November 1, some people who may not have qualified for expungement of their criminal record before will now be able to hav their records cleared.

The amendments to 22 O.S. § 18 come from the legislature's passing of Senate Bill 2140 during the 2014 legislative session. These changes reduce the waiting period for expungement of certain records and remove misdemeanor convictions as automatic disqualifiers for expungement of certain misdemeanor and non-violent felony records.

Title 22 Section 18 outlines 12 specific criteria for expungement eligibility. Several of these items are left unchanged by the amendments in SB 2140, but many have had restrictions eased:

8. The person was charged with a misdemeanor, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, the person has never been convicted of a misdemeanor or felony, no misdemeanor or felony charges are pending against the person, and at least two (2) years have one (1) year has passed since the charge was dismissed;

10. The person was convicted of a misdemeanor offense, the person has not been convicted of any other misdemeanor or a felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the conviction end of the last misdemeanor sentence;

11. The person was convicted of a nonviolent felony offense, as defined in Section 571 of Title 57 of the Oklahoma Statutes, the person has received a full pardon for the offense, the person has not been convicted of any other misdemeanor or felony, the person has not been convicted of a separate misdemeanor in the last fifteen (15) years, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the felony conviction.

The new law also clarifies who can access records and when they can access them, including adding a provision about sealed records accessible to the Oklahoma Pardon and Parole Board:

C. For purposes of seeking an expungement under the provisions of paragraph 10 or 11 of subsection A of this section, offenses arising out of the same transaction or occurrence shall be treated as one conviction and offense.

D. Records expunged pursuant to paragraphs 8, 9, 10, 11 and 12 of subsection A of this section shall be sealed to the public but not to law enforcement agencies for law enforcement purposes. Records expunged pursuant to paragraphs 8, 9, 10 and 11 of subsection A of this section shall be admissible in any subsequent criminal prosecution to prove the existence of a prior conviction or prior deferred judgment without the necessity of a court order requesting the unsealing of said the records. Records expunged pursuant to paragraph 4, 6 or 11 of subsection A of this section may also include the sealing of Pardon and Parole Board records related to an application for a pardon. Such records shall be sealed to the public but not to the Pardon and Parole Board.

To learn how these changes may affect your ability to clear your Oklahoma criminal record, contact an expungement attorney today.



All News

More News

Almost Half of Sheriff's Dept. Inventory Unaccounted For
27-Mar-2017

After longtime Oklahoma County Sheriff John Whetsel stepped down, ..

Senate Passes 8 Criminal Justice Reform Bills
24-Mar-2017

In November, Oklahoma voters showed that criminal justice reform w..

Tulsa Man Sentenced in Accidental Stabbing of Toddler
20-Mar-2017

An Oklahoma man accused of throwing a knife at his girlfriend and ..

Oklahoma Bill Would Prevent DUI Offenders from Buying Alcohol
13-Mar-2017

There is no question that DUI is a dangerous problem. Each year in..

Oklahoma Legislators Propose Abortion Bans
06-Mar-2017

It's springtime in Oklahoma. You know what that means: the redbuds..

Judge to Allow Evidence of Prior "Bad Acts" in Cold Case Murder Trial
27-Feb-2017

On May 14, 1997, a Midwest City second-grader went missing from he..

School Sex Abuse Scandal Rocks Oklahoma Town
20-Feb-2017

At least three people have been arrested in connection with sex ab..

Oklahoma Law Enforcement Fights Against Civil Asset Forfeiture Reform
13-Feb-2017

Oklahoma has permissive civil asset forfeiture policies, which all..

Church Employee under Investigation for Sexual Abuse
06-Feb-2017

The theater program director of an Oklahoma City church is under c..

Governor's Task Force: 27 Recommendations for Reducing Prison Overcrowding
03-Feb-2017

Oklahoma's jails and prisons are overpopulated and understaffed. P..

×