405-778-4800
Criminal Attorney Oklahoma Defense Lawyer Adam R. Banner OKLAHOMA CRIMINAL DEFENSE ATTORNEY AT LAW

How Do I Expunge a VPO in Oklahoma?

15-Mar-2015

Having a victim protective order (VPO) on your record can often carry as much weight for your reputation as having a criminal conviction. If a background check reveals a "restraining order" in your past, you could be passed over for jobs or rejected in personal relationships. However, in many cases, a VPO was filed quickly as an emergency ex parte order, and the order was dismissed and no permanent protective order was filed. Even if a permanent order was granted, the defendant may no longer be perceived as a threat to the plaintiff. Although the VPO is vacated, it remains on a person's court record.

Fortunately, just as a person can obtain expungement of a misdemeanor or non-violent felony conviction, a person may be able to get the record of a protective order expunged.

Oklahoma's protective order expungement process is stipulated in 22 O.S. § 60.18. This statute lists four specific circumstances which allow a defendant to file for the expungement of a VPO:

  1. An ex parte order was issued to the plaintiff but later terminated due to dismissal of the petition before the full hearing, or denial of the petition upon full hearing, or failure of the plaintiff to appear for full hearing, and at least ninety (90) days have passed since the date set for full hearing; 
  2. The plaintiff filed an application for a victim protective order and failed to appear for the full hearing and at least ninety (90) days have passed since the date last set by the court for the full hearing, including the last date set for any continuance, postponement or rescheduling of the hearing; 
  3. The plaintiff or defendant has had the order vacated and three (3) years have passed since the order to vacate was entered; or 
  4. The plaintiff or defendant is deceased.

The defendant named in a VPO must file for expungement in the district court where the protective order was filed. When a defendant files a petition for expungment of the protective order, the plaintiff, or the person who sought the original order, is given the opportunity to object to the expungement. The plaintiff may provide a written answer or objection within 30 days of receiving notice of the petition for expungement.

The court then schedules a hearing, giving 30-days' notice to involved parties, including the district attorney and all parties named in the protective order. If there is no objection to the expungement, or if the court finds that the adverse consequences of retaining the records outweigh the risks of expungement, the court will order the sealing of the record.

Because the person who filed the inital protective order has the right to object to the expungement petition, it is particularly important to contact a lawyer for help in receiving VPO expungement. Call 405-778-4800 to learn more.



All News

More News

Oklahoma Dept. of Corrections Denies Death Penalty Protocol "Deadline"

13-Aug-2018

Oklahoma, the state that invented lethal injection, continues to b..

Lincoln County Abuse Case Has Some Calling for Home School Reform

28-Jul-2018

The case of a 15-year-old boy rescued from a family farm near Meek..

Oklahoma Health Department Seeks Legal Advice after Amending Medical Marijuana Rules

17-Jul-2018

When Oklahomans passed State Question 788 last month, they left th..

No Special Session Necessary after Passage of Medical Marijuana in SQ 788

30-Jun-2018

Just a week and a half after announcing that a special session of ..

New Oklahoma Liquor Laws to Take Effect in October

14-Jun-2018

It's summertime in Oklahoma. The temperatures are soaring and peop..

Charges Dismissed After Linebacker's Ex-Girlfriend Admits to Lying About Abuse

23-May-2018

San Francisco 49ers linebacker Reuben Foster will be able to rejoi..

Oklahoma Man Convicted of Cyberstalking in Federal Court

02-May-2018

A 46-year old Crescent man was convicted in federal court last wee..

Oklahoma Legislators Continue to Eye Criminal Justice Reform

22-Apr-2018

With Oklahoma prisons overcrowded, and with the state at the top o..

Oklahoma Soon to Lead the Nation in Incarceration Rate

02-Apr-2018

As Oklahoma teachers descend upon the state Capitol this week to p..

Domestic Call Ends in Multiple Charges for Man Accused in Standoff

19-Mar-2018

Nicoma Park police and Oklahoma County sheriff's deputies respondi..

×