The expungement process can be confusing, that is why you need a team of informed professionals that is ready to walk you through the process. Check with your attorney to see if they are able to help you expunge criminal records across the state of Oklahoma.
Frequently Asked Questions
What is an expungement?
Expungements allow you to seal your court record or arrest record. This prevents the public from having access to the information.
What is the difference between a Section 18 and Section 991(c) expungement?
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.
How much does an expungement cost?
Your legal fees with vary with your attorney. It may also require fees be paid to local law enforcement agencies expunging their records.
Do I need a lawyer to get an expungement?
There are specific paperwork, notice, and legal requirements necessary in order to successfully petition for an expungement of your arrest records. The Milly Daniels Law strongly suggests you get a lawyer to advise you of the proper actions to take. If you decide to represent yourself, the court will hold you to the same standards for knowing and following the applicable law as it would an attorney.
Who can file an expungement?
Anyone qualified under the applicable statute can file the paperwork necessary to begin the expungement process.
What information should I include when requesting an expungement?
When you send your attorney your Petition for Expungement or an Order of Dismissal and/or Expungement, you should include the following information in order to successfully complete your expungement: Your attorney needs to know your name, social security number, date of birth, the crimes that you were charged with, the date of your arrest, and the disposition (end result) of your arrest and/or charges in court.
If I have multiple arrests to be expunged, do I have to file each arrest separately?
Multiple arrests in the same county can be filed for in one petition, however, a separate petition must be filed for each county where a person has records they want expunged.
What is the time frame for the expungement process?
After receiving a certified copy of the order, expungement of court records can take about one month after your attorney receives the order, expungement of arrest records usually takes a similar amount of time after receipt of the order and the required fee.
Do I qualify for an expungement?
Your attorney cannot pre-approve someone for expungement. However, the statutory categories for people who are eligible for expungement are listed in Title 22 of the Oklahoma Statutes, in section 18(A).
When requesting an expungement, does it matter how long ago the arrest occurred?
No. If a person is eligible for expungement, the age of the record will not disqualify them.
If my record is expunged, will my FBI record be expunged as well?
Yes.
Will I be notified when my record has been expunged?
No. Your record can be checked by sending in a request to your attorney.
Will my fingerprint cards be destroyed if my expungement request is granted?
No. Expungements do not allow destruction of physical records. Additionally, identifying information, including fingerprints may still be maintained by your attorney by law. Such identifying information, however, will not reference or be attached to the sealed arrest information.