Sealing and Expunging Criminal Records in Oklahoma

A criminal record does not have to be permanent. In Oklahoma, state laws allow for expungement in qualifying cases. An expungement order seals the affected criminal record, making it confidential to the public and easier for a past defendant or offender to access life and career opportunities. However, Oklahoma courts may only expunge a criminal record if the petitioner qualifies for expungement under 22 Okla. Stat. Ann. § 18. Records that may be expunged include certain criminal records, arrest records, court records, and juvenile records.

Understanding the Process

A criminal record is created when an individual is arrested, charged, or convicted. Most prospective employers, housing managers, schools, and financial agencies check if their applicants have criminal histories. Generally, criminal records are likely to interfere with a felon’s housing, education, and employment. Therefore, Oklahoma law helps provide possible relief to individuals with arrest or conviction records through expungement.

The Difference Between Sealing and Expunging Criminal Records

Generally, there is no difference between sealing and expunging a criminal record in Oklahoma. Usually, the term “expungement” refers to the destruction of a criminal record. When a criminal record is expunged in Oklahoma, it is only sealed and removed from public view. Although under 22 Okla. Stat. Ann. § 22–19(k), sealed records may be destroyed after ten years if the documents are not unsealed within that period.

How to Obtain Sealed Records in Oklahoma

Applicants generally need a court order to obtain expunged or sealed records (22 Okla. Stat. Ann §19(E)). Such records remain sealed to the general public. As Oklahoma statutes and court rules do not specifically indicate how these records may be obtained, contacting the District Court with jurisdiction for these procedures is necessary.

How to Seal a Criminal Record in Oklahoma

Eligible parties may seal a criminal record in Oklahoma by petitioning a state court for expungement. Upon an expungement order, the record is made inaccessible to members of the public. The procedure for expunging a criminal record is outlined below.

How to Expunge Criminal Records in Oklahoma

The procedure to expunge a criminal record in Oklahoma is denoted in 22 Okla. Stat. Ann §18a and 22 Okla. Stat. Ann §19. An individual may use the Petition to Expunge Records form to file an expungement in the District Court where the arrest records are located. This form may be obtained from the court. When a petition has been filed, the court schedules a hearing. It then notifies the prosecuting attorney, arresting agency, Oklahoma State Bureau of Investigation (OSBI), or any other relevant party, thirty days before the date of the hearing.

Within these 30 days, any notified agency or aggrieved party may file an appeal with the Oklahoma Supreme Court. Additionally, the OSBI, as a necessary party, is typically informed of such proceedings. A court may grant a petition for expungement in the interests of justice, and if the petitioner meets expungement requirements, the private interest outweighs the public interest in the record. With an expungement, a court removes all or some parts of the record from public view and limits who may access the expunged record. Pursuant to 22 Okla. Stat. Ann §19(D), the subject of an expunged record, may state in a job or school interview, or otherwise, that no such record exists.

Can a Felony be Expunged in Oklahoma?

Some felonies may qualify for expungement in Oklahoma, depending on the offense and circumstances. Generally, Oklahoma statutes provide avenues for sealing or expunging some non-violent felonies. However, in comparison, records of violent felonies, such as murder, robbery, or assault, cannot be sealed or expunged.

According to Oklahoma Statutes Title 22 § 18, Offenders who have been convicted of non-violent felonies may be able to apply to have their records expunged after a specific period of time in some of the following cases:

• If the individual was charged with a non-violent felony offense and the charge was dismissed after a delayed sentence or deferred judgment was completed.
• The applicant has not been convicted of any other felony in the last five years.
• The applicant has no pending felony charges as of the time of the petition
• The individual has not been convicted of a separate misdemeanor in the last seven years
• The person was convicted of no more than two non-violent offenses

What Crimes May Be Expunged in Oklahoma?

Oklahoma statutes do not state the exact crimes that may be expunged. Rather, 22 Okla. Stat. Ann. § 18 outlines individuals whose crimes may qualify for expunction in Oklahoma. Conditions where an offense may be expunged, including:

• Acquitted persons
• Persons who were found innocent
• Arrested individuals who had no charges filed against them or who had charges filed but the statute of limitations has passed.
• Fully pardoned crimes
• Dismissed charges or reversed convictions
• Fully pardoned juvenile crimes
• Dismissed misdemeanor or felony charges, provided there are no pending charges, no felony convictions, or the prosecuting attorney has no intention of re-filing charges.
• Dismissed misdemeanor charges after completion of a deferred judgment or delayed sentence, no pending charges, no felony convictions, and at least a year has passed since the dismissal.
• Nonviolent felony charges were dismissed but not outlined in 57 Okla. Stat. Ann. § 571 after completion of a deferred judgment or delayed sentence, no pending charges, no felony convictions, and at least five years have passed since the dismissal.
• Misdemeanor convictions where the penalty was a fine of less than $501 and no prison or suspended sentence, no pending charges, or felony convictions
• Misdemeanor convictions with a prison sentence, a suspended sentence, or a fine exceeding $500, provided there are no pending charges or felony convictions, and at least five years have passed since the completion of the individual’s last misdemeanor sentence.
• Nonviolent felony convictions not listed in 57 Okla. Stat. Ann. § 571, no additional felony or misdemeanor convictions in the last seven years or pending charges, and at least five years have passed since the completion of the sentence.
• Not over two felony convictions, excluding offenses listed in 21 Okla. Stat. Ann. § 13.1, no pending charges, and at least ten years have passed from the completion of the sentence.
• Nonviolent felonies not outlined in 57 Okla. Stat. Ann. § 571, which were reclassified as misdemeanors, provided that at least 30 days have passed since the completion of the sentence, and all restitutions or treatment programs ordered by the court have been completed.
• Arrests or charges based on identity theft

Do Sealed Records Show up In Oklahoma Background Checks?

Yes, it may still be possible for an expunged (sealed) record to appear in an Oklahoma background check. Upon entry of an expungement order, the courts, OSBI, and law enforcement agencies seal the official criminal record. For an expungement based on a deferred or delayed sentence, the OSBI’s record typically reads “plead not guilty, case dismissed”, rather than “no such record exists”. However, informal records maintained by online background check agencies and newspapers may still be available to the public.

How may I Get My Record Expunged for Free in Oklahoma?

Although expunging a court record is free, the overall process is not without some cost. For instance, applicants typically must pay a flat $150 processing fee when expunging arrest records. Some parties may also need to pay fees to record custodians or local law enforcement agencies while filing or searching for documents. Payments for such transactions range from $100 to $500 and are typically made via money orders or cashier's checks.

Additionally, some parties may opt to enlist the services of an attorney, which may increase the cost if the lawyer doesn't provide pro bono services. Petitions for expungement are generally filed with the Oklahoma State Bureau of Investigation (OSBI). Such petitions typically include key details such as:

• The applicant's full name
• Date of birth
• Social security number
• Date of arrest
• Crimes that the applicant was charged with
• Results of the charges in court or arrest disposition

Who may See Sealed Criminal Records in Oklahoma?

Under 22 Okla. Stat. Ann §19(E), certain parties may inspect any criminal record that has been expunged (sealed) in Oklahoma with the permission of a court. These parties include the subject of the record, the Attorney General, and the prosecuting attorney. Sealed arrest records are generally accessible to law enforcement.