Expungement
Can You Get Traffic Tickets Expunged in Oklahoma?
In the state of Oklahoma, the answer is yes and no and it depends on what your goals are and what you're trying to do. Read more »
How Do I Check the Status of My Expungement in Oklahoma?
First off, if you're filing for an expungement, you have representation, obviously, contact your attorney. Read more »
What Crimes Can Be Expunged in Oklahoma?
Any crime is potentially eligible for expungement. There is no crime where it's set out that it can never be expunged off of your record. Read more »
Expungement 101: How Does the Process Work
The law in Oklahoma requires that we give 30 days' advanced notice of any expungement hearing to all interested parties. Read more »
Faster Complete Expungements Now Available for Some Deferred Sentences in Oklahoma
Deferred sentence expungement is when you receive a plea deal where you're on a deferred sentence, you do your probation, you complete it, and upon successful completion, the case is dismissed and expunged. Read more »
U.S. Supreme Court’s Indian Country Ruling Sets Stage for Mass Expungement of Criminal Convictions
Historic Decision Overturns State Jurisdiction The U.S. Supreme Court’s July 9 decision in McGirt v. Oklahoma set in motion legal controversies that state, tribal and federal authorities might not resolve for years or even decades to come. Among the most immediate controversies that may emerge is whether tribal members convicted in Oklahoma courts of crimes […] Read more »
Hey Tribal Members with Convictions: Supreme Court Opened the Door to Possible Conviction Reversal
Muscogee Creek Nation reservation of 1833 was never disestablished through Oklahoma statehood. And what that means is that a huge area of Northeast Oklahoma that's been operating like it's the state of Oklahoma is actually part of the Creek Nation reservation. And I've got a map here to show where those boundaries are approximately. So we're talking most of Tulsa County, including the city of Tulsa, except for a small portion on the north side, but also other counties as well. So we've got Creek County, Wagner part, a small part of Rogers County and Mayes County, Muskogee County, all of Okmulgee County, McIntosh, Okfuskee, and other areas of Oklahoma. Now, based on the United States Supreme Court decision, are actually reservation land to the Muscogee Creek Nation. And what that means is that the state of Oklahoma lacked jurisdiction to charge tribal members with crimes that were allegedly committed in that area. They lack that jurisdiction. Never should have charged them, even though they've been doing it for 100 years, and can't do so now according to this decision. Read more »
Do You Qualify for Misdemeanor Expungement in Oklahoma? Find Out Here!
If you have any felonies on your record or if you have any pending cases, this is not going to be applicable to you. You want to look for a different video. So, there's multiple grounds to get a misdemeanor expunged. Expungement law in Oklahoma is relatively simple. Most of it is all included within one statute. Read more »
Is Your Oklahoma Felony Conviction Eligible for Expungement?
If you've got multiple convictions that are related to the same conduct at the same time, those may under the law count as one conviction. Talk to an attorney about that if you fall under those circumstances. If those cases we're talking about are based on a deferred sentence, deferred sentence is not a conviction unless it's accelerated to a conviction. If it's a dismissed charge, you get charges filed against but they're dismissed, not a conviction, doesn't count here. Read more »
Deferred Sentence Expungement in Oklahoma (991c). Are you Eligible?
'm Tulsa attorney James Wirth, and I'm about to explain the 991(c) expungement. That's the deferred sentence expungement. When you go to court and a plea deal is worked out, there's many different types of sentences that can occur. One is a deferred sentence. What happens when you enter into a deferred sentence is that although you plead guilty or no contest, the judge withholds a finding of guilt. Then passes the case to have sentencing at a later date. During that period of time in between, which is up to a maximum of seven years, you're on probation. The court can pass that based on whatever the plea agreement is for one year, two years, 18 months, however long that is. Read more »
State Question 780 & House Bill 1269 Expungements in Oklahoma. Who Qualifies?
A couple of years ago in Oklahoma, we had state question 780, and that, when it passed and became law, re-classified many crimes that were previously felonies as misdemeanors. But we still had a lot of people out there that were previously convicted of those crimes that have felony convictions. So it came later; House Bill 1269 allowed some relief to some of those people. So first off, let's talk about 780 and what it did. So one of the biggest things it did is that it changed possession of CDs, that's a controlled and dangerous substance, essentially illegal narcotics, it changed all of those that were felonies to misdemeanors. Read more »
Expungement of Dismissed Felony Charges in Oklahoma. Who Qualifies?
If you're charged with a felony, you go to trial and ultimately you're found not guilty, at that point, that triggers the statute. You're eligible to get it expunged, you can file a section 18 complete expungement, that expunges both the arrest record and the court case. Under Oklahoma law, once you have a section 18 expungement by the law, those events never occurred. So the next situation we're talking about, is if it's overturned on appeal. So if you're convicted at trial on a felony, and then it goes up on appeal and then it's reversed, and the conviction goes away at that point based on it being reversed and overturned, then you're eligible under the statute to get a complete expungement. Next opportunity for that, if you've got a felony charges that were dismissed is under subsection three, and that deals with no ... Well, I should say this is a little bit different. Charges are not filed under these circumstances. So this is if you're arrested. Read more »
How to Get Complete Expungement after a Deferred Sentence in Oklahoma?
The first thing you need to know, something that a lot of people don't know is that when you successfully complete your probation on a deferred sentence and go back before the court, and the court finds you successfully completed, and the court allows you to withdraw your plea of guilty and the court dismisses the case and expunges it, that that expungement actually only expunges the court case, does not expunge your arrest record. Read more »
What is a Deferred Sentence Expungement in Oklahoma?
A deferred sentence is where you get a deal worked out with the prosecutor to where if you plead guilty, you're put on probation for a period of time, you have to jump through some hoops and when you come back to court, the case will be dismissed and expunged. Read more »
3 Magic Words to Make a Marijuana Charge Disappear in Oklahoma
Three magic words to make a misdemeanor marijuana charge disappear in Oklahoma. That's right. I'm Oklahoma attorney James Wirth and I'm about to tell you the way that two laws that went into effect around the same time, can work together to make a medical marijuana charge disappear by stating three magic words. Read more »
Can a Protective Order Be Vacated in Oklahoma?
Can a protective order be vacated in Oklahoma? I'm Oklahoma attorney James Wirth, and I'm about to answer that question for you. If there's an order in place and it's vacated, it's not the same as the protective order expiring. When it's vacated, it undoes the granting of it in the first place. So it's like it never happened under those circumstances. So it's better to get it vacated than just to have it expired. Read more »
Can Oklahoma Protective Orders Follow You For The Rest Of Your Life?
Can protective orders be expunged in Oklahoma or are they going to haunt you for the rest of your life? I'm Tulsa attorney James Wirth, and I'm about to answer those questions. Can a protective order be expunged in Oklahoma? Yes, they can. In fact, the vast majority of protective orders are eligible for expungement. What you want to look at is what was the end result of the case. Read more »
Reclassified Oklahoma Felonies Can Be Expunged Within 30 Days
Starting Nov. 1, non-violent offenses previously classified as felonies can be expunged as misdemeanors, regardless prior convictions or other pending charges. The only statutory requirement for fast track expungements are full payment of restitution and completion of any court-ordered treatment programs. Convictions are eligible for expungement 30 days after completion of a sentence. Read more »
Oklahoma Justice Reforms Spell Reduced Sentences for Thousands
Incarceration for Oklahoma probation violation on most felony drug possession or low-dollar property crimes are now limited to one year. Justice reforms approved in 2019 also mean inmates passed over in Oklahoma's historic November mass commutation are likewise eligible for consideration in light of new laws under the state's usual commutation process. Read more »
Oklahoma Sentencing Reform Offers Non-Violent Offenders a Second Chance
Faced with budget shorfalls and growing prison populations, Oklahoma lawmakers in 2018 reduce sentences for non-violent property crimes, extended opportunies for parole, made probation slightly easier to complete and allowed some lifers to plea for sentence modifications. Read more »
New Law Makes it Easier to Expunge Criminal Records in Oklahoma
An Oklahoma expungement reform that takes effect Nov. 1, 2018 reduces waiting periods and eliminates pardon requirements before individuals may seek expungement of criminal records. The reform affects those previously convicted of no more than one non-violent felony offense. Read more »
Tulsa Expungement Attorney on KTUL's Good Day Tulsa
Changes in Oklahoma expungment law now make it easier than ever to get Oklahoma court records sealed. Tulsa expungement attorney James Wirth explained the new expungment laws to Good Day Tulsa's Erin Christy. Read more »
Tulsa Expungement Attorney
Expungement: Almost Like It Never Happened Are old court records making it difficult for you to find employment, win trust of colleagues, or pass background checks? You might need the counsel of a Tulsa expungement attorney. Many people who have a brush with the law reach deferred prosecution agreements that let them comply with conditions […] Read more »