It will soon be a little easier for some people to get court records sealed after a misdemeanor or non-violent felony conviction in Oklahoma. A bill Gov. Mary Falin signed in May, 2014 and which is set to take effect Nov. 1, 2014 reduces several requirements for expungement under Oklahoma law.
Even if you have previously been denied expungement or told you are not qualified for expungement, you may be eligible to have your Oklahoma arrest records sealed once the new law takes effect.
Modified Oklahoma expungement requirements include:
- A person may file for expungement one year after completion of a deferred judgment or delayed sentence on a misdemeanor charge. The law previously only allowed applications for expunction in such circumstances after two years had passed.
- A person convicted of a misdemeanor offense can now file for expungement even if they have been convicted of a subsequent misdemeanor. The new provision allows a person to apply to have their records sealed 10 years after the end of the most recent misdemeanor sentence.
- A person convicted of a non-violent felony can ask a court to seal their records if they have not been convicted of a separate misdemeanor in the past 15 years. Previously, records could not be sealed in a non-violent felony if a person also had a misdemeanor conviction on their record.
- When filing for expungement in Oklahoma after misdemeanor or non-violent felony convictions, misdemeanor charges or offenses arising out of a single incident can are now treated as a single conviction and offense. That change was spurred by a court case in which Wirth Law Office argued existing law should have been interpreted to mean what the new law will say.
To have Oklahoma arrest records sealed and convictions expunged from court records, a person must still meet several previously existing requirements. Disposition of subsequent charges can make a difference in how, or whether, previous charges may be expunged from a criminal record.
Strategy Session: Tulsa Oklahoma Expungement Attorney
To find out if you qualify for expungement in Oklahoma, contact a Tulsa expungement attorney at Wirth Law Office. To schedule your initial strategy session, call Wirth Law Office at (918) 879-1681. You may also submit your question using the form at the top of this page.
