What is an expungement?
Oklahoma judges have the power to order criminal records be sealed from public view. This formal sealing of the records is known as an “expungement.”
However, not all crimes are eligible for expungement. Oklahoma’s expungement statute provides that only certain types of offenses can be sealed, primarily non-violent felonies and misdemeanor cases. This blog post will explain how to expunge records involving misdemeanor offenses.
Misdemeanor records that are eligible for expungement in Oklahoma
In Oklahoma you can expunge any and all records relating to misdemeanor cases. What differs from case to case is how long you must wait until the Court will allow you to expunge your misdemeanor case.
The primary variable is the outcome of the case: were the charges dropped or never filed? If charges were filed, what type of sentence did you receive? This blog post will break down each scenario and explain the time limit you must wait before fully expunging the records.
Arrested only, no charges filed
If you were arrested for a misdemeanor, but no charges were ever filed, then you can expunge the records related to the arrest and booking once the statute of limitations for the prosecutor to charge you have expired. In Oklahoma, the prosecutor has three years to file misdemeanor charges against you.
If three years have passed since you were arrested, we can expunge the arrest records.
Dismissed Misdemeanor cases
This next scenario involves the following: you were arrested, the state filed misdemeanor charges, but the case was later dismissed in Court. You can expunge all records relating to your dismissed misdemeanor case if you fall into one of these scenarios:
- You were charged with a misdemeanor, but the charges were dropped, the case dismissed, and the district attorney has declined to refile or the statute of limitations for the DA to re-file has expired.
- You were charged with a misdemeanor, you received a deferred sentence, you successfully completed the terms of the deferred sentence, and the case was subsequently dismissed (and you have no other convictions or pending charges).
In the first scenario, if the time to re-file charges has expired, then we can immediately move to expunge your case.
In the second scenario, you must wait one year after the deferred sentence has ended.
How to Expunge Misdemeanor convictions in Oklahoma
A person who was convicted of a misdemeanor can expunge their case, but different timelines apply depending on the outcome of the case.
Misdemeanor conviction, received a fine of $500 or less, no Jail time:
If this is you, and you have no felony convictions and no other pending charges, you can expunge this type of misdemeanor immediately.
Misdemeanor conviction, sentenced to a fine greater than $500 or jail time, or suspended sentence:
If this is you, then you can expunge this misdemeanor five years after completion of the sentence.
So if it was a $1000 fine, you can expunge exactly five years after the fine was paid. If it was 10 days in jail, then you can expunge five years after that last day in jail.
Can you Expunge felony Cases?
In our next blog article we will discuss how to expunge felony case in Oklahoma.
How much do you charge in attorney fees?
As explained in this article, we charge a flat fee of $499 for expungements in Oklahoma County and surrounding metro area. We do travel to Canadian County, and several others.
You must still pay for the costs of filing fees to the court. But we provide excellent service and we do it because we believe in access to justice.