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.

My Case Was Dismissed--Why Do I Still Have a Record?

15-Dec-2013

A defendant's optimal resolution to a criminal case is generally a dismissal--the charges are dropped, and the defendant avoids a time-consuming and costly trial. In some cases, a judge dismisses the charges as having no merit or insufficient evidence to substantiate prosecution. In other cases, a nonviolent offender or first-time offender may receive a deferred sentence that leads to dismissal.

In a deferred sentence, the defendant pleads guilty to the charge. However, rather than pronouncing the defendant's guilt, the judge delays judgment until he or she meets a prescribed set of conditions of probation. If a defendant does not comply with the terms of probation, the judge may accelerate sentencing and send the defendant to jail or prison. However, if the defendant adheres to the probationary terms, completes all requirements, and stays out of trouble, then when the deferred sentence is complete, the plea is changed to "not guilty," and the court records are updated to reflect a dismissal of the case.

Many people think that "case dismissed" means that they have a clean record, and they are surprised to find out that record of their arrest and charge still exist. For some, this record can lead to bias against employment and other negative consequences.

In a deferred sentence expungement, the defendant's name is delete from court records. However, this type of expunction, a Section 991c expungement, does not affect arrest records on file with the Oklahoma State Bureau of Investigation (OSBI). That is why, even after a dismissal, a person may still have a record.

Fortunately, Oklahoma provides a means of complete record expungement, including the OSBI arrest record. A Section 18/19 expungement, which is not exclusive of a Section 991c expungement, is available to those who meet a specified set of criteria, including no charges filed after the arrest, factual innocence determined by DNA evidence, and a dismissal of charges with no subsequent or pending criminal cases. Title 22 Section 18 lists 12 specific criteria for eligibility, and Sections 19a and 19c provide record expungement for victims of identity theft and human trafficking, respectively.

Read more about Oklahoma record expungement here, or submit a confidential case review form to schedule a free consultation with a lawyer who can explain your options for clearing your record.





All News

More News

As Oklahoma County Jail Deaths Continue, Detention Officers Could Face Charges
15-Sep-2017

In May of this year, we examined deaths at the Oklahoma County Jai..

Canadian County Man Accused of Aggravated Possession of Child Pornography
01-Sep-2017

Acting on a tip received by the National Center for Missing and Ex..

Goodwill Employee Accused of Embezzling Deposits
21-Aug-2017

Police say the former assistant manager of a Goodwill store locate..

Stillwater Bail Bonds Agent Arrested for Murder
14-Aug-2017

A Stillwater bail agent who claimed she shot a client in self defe..

Tulsa Massage Parlor Owner Accused of Human Trafficking
11-Aug-2017

A Tulsa massage parlor owner has been arrested on human traffickin..

State Reaches Settlement with Former Death Row Inmate
07-Aug-2017

A former Oklahoma death row inmate whose conviction was later over..

Mother, Grandmother of Recovered Missing Children Arrested
04-Aug-2017

On July 3, David Corsaut texted his ex-wife to make arrangements t..

Couple Sentenced in Child Neglect Death of Infant
31-Jul-2017

A Tulsa mother and her boyfriend were sentenced last week in the c..

No Charges in MWC Home Invasion Shooting
24-Jul-2017

The Oklahoma County District Attorney's Office has announced that ..

Couple Arrested after Reportedly Abusing Child and Making Him Shoplift
21-Jul-2017

A man and woman in Rogers County, Oklahoma, have been arrested on ..

×