On our website, we have discussed expungement extensively: What is expungement? Who can get their records expunged? What crimes may be expunged and which are inexpugnable?
Crimes Not Eligible for Expungement
While both misdemeanors and nonviolent felonies may be expunged under the appropriate circumstances, there are certain crimes which may not be cleared from the criminal record or sealed from public view of court records. These are listed as "violent crimes" in 57 O.S. § 571, and they include the following felony convictions as well as convictions for attempt or conspiracy to commit these crimes:
- assault, battery, or assault and battery with a dangerous or deadly weapon; aggravated assault and battery upon any person defending another person from assault and battery;
- shooting with intent to kill, assault, battery, or assault and battery with a deadly weapon or by other means likely to produce death or great bodily harm;
- aggravated assault and battery on a police officer, sheriff, highway patrolman, or any other officer of the law;
- poisoning with intent to kill; shooting with intent to kill; assault with intent to kill;
- assault with intent to commit a felony;
- assaults while masked or disguised;
- murder in the first degree; murder in the second degree;
- manslaughter in the first degree; manslaughter in the second degree;
- kidnapping; kidnapping for extortion
- burglary in the first degree; burglary with explosives;
- maiming;
- robbery; robbery in the first degree; robbery in the second degree; armed robbery; robbery by two (2) or more persons; robbery with dangerous weapon or imitation firearm;
- child abuse;
- wiring any equipment, vehicle or structure with explosives; bombing offenses; terrorism crimes
- forcible sodomy;
- rape in the first degree; rape in the second degree; rape by instrumentation;
- lewd or indecent proposition or lewd or indecent act with a child;
- use of a firearm or offensive weapon to commit or attempt to commit a felony;
- pointing firearms; using a vehicle to facilitate the discharge of a weapon;
- rioting; inciting to riot;
- arson in the first degree; injuring or burning public buildings;
- sabotage;
- criminal syndicalism;
- extortion; obtaining signature by extortion;
- seizure of a bus, discharging firearm or hurling missile at bus;
- mistreatment of a mental patient; abuse of a vulnerable adult who is a resident of a nursing facility;
- child pornography or aggravated child pornography;
- child prostitution; human trafficking;
- aggravated drug trafficking
As you can see, there are a great number of sex offenses listed among the inexpugnable "violent felonies." These acts cannot be cleared from a person's court records or criminal history. In many cases, it would not matter anyway, because several of the offenses--including rape, lewd acts, and forcible sodomy--require lifetime sex offender registration. For others, the sex offender registration requirement expires after 15 (child pornography) or 25 (child prostitution) years. Although a person would no longer be required to register as an Oklahoma sex offender after this time, the conviction would remain on the criminal record and could not be expunged under state law.
For more information about Oklahoma sex offender registration or criminal record expungement, contact attorney Adam Banner at (405) 778-4800.
