Felonies, Misdemeanors, And Infractions in Oklahoma

The criminal justice system in Oklahoma generally classifies crimes as felonies and misdemeanors. Felony crimes are the most serious offenses with severe penalties, while misdemeanors are less serious offenses and attract lesser penalties. Crimes in Oklahoma are punishable by death, imprisonment, fines, removal from office, or disqualification to hold any position of honor or profit in the state. Oklahoma’s statutes provide definitions and guidelines for the classification of offenses, penalties, and sentencing. Summarily, Oklahoma crimes are tried based on their categories. Along with criminal record types, Oklahoma law sets statutes of limitations that limit the time to file charges in the state.

What Is A Felony In Oklahoma?

Title 21, Section 5 of the Oklahoma Statutes defines felonies as crimes punishable by imprisonment in a state correctional facility or by death. Each felony crime in Oklahoma has separate penalties associated with it. The penalties are laid out in the statute that defines each crime. If an offense is designated a felony in Oklahoma, with no associated penalties in its statute, such an offense is punishable by fines of not more than $1,000, or by imprisonment in the state prison for no more than two years. Such felonies may also be punishable by both imprisonment terms and fines (OS 21–9).

What are some examples of felonies in Oklahoma?

In Oklahoma, felonies are crimes punishable by imprisonment in State prisons or by death. Some examples of felonies in Oklahoma are:

Murder

First and second-degree murders are the most serious offenses in Oklahoma. According to OS 21–701.7, a person murders if:

• They unlawfully and maliciously take the life of another human being
• Another person dies in their attempt to kill someone else
• The individual maliciously solicits another person to cause the death of someone
• Death results from sexual assault, kidnapping, arson, burglary, discharge of deadly weapons into a building, escape from lawful custody, or trafficking illegal drugs
• They intentionally cause the death of a law enforcement officer.

Persons convicted of murder in the first degree or persons who plead guilty or “no contest” to murder charges may be punished by death or life imprisonment with or without parole. Such persons are not typically eligible to defer their sentences (OS 21–701.9). Second-degree murder convicts or persons who plead guilty or “no contest” to murder charges may spend between 10 years and a lifetime in prison. In cases where the Supreme Court or the Oklahoma Court of Appeals holds the death penalty unconstitutional, the convict shall be sentenced to life imprisonment without parole.

Assisting a prisoner’s escape

If a person deliberately assists a prisoner's escape, such a person is guilty of a felony offense if the prisoner is a felon. Assisting a prisoner’s escape is punishable by up to 10 years imprisonment in the state prison. If the assisted prisoner was convicted of another crime, the person who assists in the escape will be guilty of a misdemeanor. In this case, assisting a prisoner’s escape is punishable by imprisonment in a county jail for no more than one year, or a fine of up to $500, or both imprisonment and fines (OS 21–437).

Commercial gambling

In Oklahoma, a person is guilty of commercial gambling if they:

• Operate a gambling place or receive earnings, in part or in full, from the place
• Record, receive, or forward bets or betting offers
• Conduct a lottery or possess lottery facilities with the intent to conduct lotteries
• Manage or finance a gambling business alone or with other persons
• Collect proceeds of any gambling device.

Commercial gambling is punishable by imprisonment in a state facility for not more than 10 years, a fine of up to $25,000, or both.

Other examples of felonies in Oklahoma:

• Adultery
• Aiding suicide
• Dueling
• Assault with a dangerous weapon
• Rape
• Manslaughter
• Throwing or dropping an object on or at moving vehicles
• Requesting or accepting bribes
• Mutilating the flag
• Possession of child pornography
• Grand larceny
• Sex offenses.

The state of Oklahoma imposes additional penalties for repeat felony offenses. These are usually more severe than first-offense punishments. For example, the first offense of forcible sodomy is punishable by up to 20 years in a state correctional facility. Second convictions of forcible sodomy are punishable by life imprisonment without parole (OS 21–51.1a)

In Oklahoma, people convicted of certain felony crimes are required to serve 85% of their sentence as a requirement for parole eligibility (OS 21–13.1). Some of these crimes are:

• Robbery with a dangerous weapon
• First-degree manslaughter
• Child prostitution
• Poisoning with the intent to kill
• Aggravated drug trafficking
• Conjoint robbery.

Can I get a Felony Removed from a Court Record in Oklahoma?

Yes, Oklahoma allows the removal of felony records under certain circumstances. Per Title 22, § 18 & § 19 of the Oklahoma Statutes, individuals can seal their felony records if:

• The felony charges against them result in dismissals or acquittals
• They receive a pardon for non-violent felonies from the Governor of Oklahoma
• They complete deferred sentences for eligible offenses
• They observe a 5-year waiting period for a single non-violent felony (or 10 years for multiple felonies) without subsequent convictions
• DNA evidence proves the convict innocent.

Is Expungement The Same As Sealing Court Records In Oklahoma?

Yes, expungement and sealing a record in Oklahoma serve the same purpose. When courts expunge criminal records in Oklahoma, they are not destroyed. Similar to sealing, these documents become non-public and are only accessible to law enforcement agencies and courts.
Nonetheless, under Oklahoma law, if a court grants a petition for expungement, the offense will be deemed to have never occurred. On inquiry, the person whose record was expunged may respond that no such offense occurred, as the record does not exist.

How Long Does a Felony Stay on Your Record in Oklahoma?

A felony conviction in Oklahoma may stay permanently on a criminal history unless a court expunges it. Unlike some states in the U.S., Oklahoma does not remove or seal felony records after a specific number of years. How long it takes to petition a court to expunge a criminal record depends on whether:

• The charges result in dismissal or acquittal
• The offender completed deferred sentence programs
• The record is for an eligible single non-violent felony
• The conviction record includes multiple non-violent felonies
• The offender receives a pardon from the Governor of Oklahoma
• The owner of such a felony record observes a 5-year waiting period for an eligible felony, or 10 years for multiple charges, or after the Oklahoma State Governor's pardon.

What is a Misdemeanor in Oklahoma?

Oklahoma law designates all crimes not classified as felonies as misdemeanors (OS 21–6). Misdemeanors constitute less serious offenses than felonies, and the state punishes them with no more than one year in county jail, fines up to $500, or both imprisonment and fines (OS 21–10). If someone commits a misdemeanor, anyone who aids that person also commits a misdemeanor and is subject to the same punishment as the principal offender, unless a statute specifies otherwise. Furthermore, if a state statute prohibits an act but imposes no penalties, the courts may consider that act a misdemeanor (OS 21–21).

What are some examples of Misdemeanors in Oklahoma?

According to the Oklahoma Statutes, misdemeanors are offenses punishable by no more than 1 year imprisonment, unless the penalty is enhanced by a specific statute. Examples of common misdemeanors in Oklahoma include:

Common misdemeanors

• Petty theft/larceny (shoplifting small amounts)
• Simple assault and battery
• Public drunkenness
• Disorderly conduct/disturbing the peace
• First-offense DUI
• First-time possession of small amounts of marijuana
• Reckless driving
• Trespassing
• First-time prostitution
• Vandalism/malicious mischief.

Can I Get a Misdemeanor Removed from a Record in Oklahoma?

Yes, individuals can remove their misdemeanor convictions in Oklahoma from their records. However, eligibility depends on the outcome of the underlying cases. Oklahoma allows the sealing of misdemeanor records under the following circumstances:

• The charges result in dismissal or acquittal
• The conviction is for a first-time misdemeanor
• The offender receives a deferred sentence
• The penalty for the misdemeanor does not include a prison term (fines only)
• The offender serves probation for the misdemeanor instead of a jail term.

In addition to eligibility, individuals intending to remove Oklahoma misdemeanor convictions from their records must observe a 5-year waiting period after completing their sentences (including probation) before applying for the removal of their records. If the offender intends to remove multiple records, the waiting period extends to 10 years. Furthermore, intending petitioners must not have new convictions or pending criminal charges within the waiting period.

Can a DUI Be Expunged in Oklahoma?

Yes, Oklahoma allows the expungement of certain DUI records. According to Title 47, § 11-902 of the Oklahoma Statutes, a DUI record in Oklahoma is expungeable if:

• If the charges result in dismissal or acquittal
• The offender receives a deferred sentence for a first-time offense
• The DUI violation is a first-time offense.

The Oklahoma judicial system also allows the court to suspend sentencing for a DUI violation and require the offender to participate in probation, treatment, or rehabilitation programs within a state-approved or state-supported facility (OS 62–2–410). When the defendant completes the program, the court reverses the guilty plea to not guilty and closes the case. DUI offenses that carry felony penalties are not eligible for expungement.

What constitutes an Infraction in Oklahoma?

Oklahoma classifies infractions as minor offenses that do not constitute criminal acts. The penalties for these types of offenses include fines and court costs, but no jail terms. The most common Infractions in Oklahoma involve traffic and local ordinance violations.

What are some examples of Infractions in Oklahoma?

Infractions in Oklahoma refer to minor offenses punishable by fines instead of prison terms. Examples of infractions in Oklahoma include:

• Throwing dirt on the highway, roads, or public property
• Violation of a child passenger restraint requirement
• Inattentive driving
• Following fire engines or other emergency vehicles
• Allowing a passenger to ride outside the passenger compartment
• Clinging to vehicles on the roadway
• Front seat passengers without seatbelts
• Opening and closing vehicle doors on the side of moving traffic
• Diving or jumping from a bridge for recreation
• Walking into the path of a vehicle.

Can Infractions be Expunged from an Oklahoma Criminal Court Record?

Expungement of Infractions in Oklahoma depends on the circumstances of the offenses. Traffic infractions do not create criminal records; hence, they do not require expunction. However, if an infraction escalates to a misdemeanor, it becomes expungeable according to misdemeanor expungement rules.
Additionally, Title 22, § 18 of the Oklahoma Statutes permits individuals guilty of municipal ordinance violations to petition for expungement of their records.

What is Deferred Adjudication in Oklahoma?

Oklahoma uses the official term Deferred Sentence instead of Deferred Adjudication. Under Title 22, § 991c of the Oklahoma Statutes, if an offender pleads guilty or nolo contendere to an eligible offense, the court, with the defendant's consent, may defer judgment and impose probation under court-prescribed conditions. The probation period must not exceed seven years.
To qualify for a deferred sentence, the individual must be a first-time offender for a non-violent crime and must plead guilty or no contest. Upon successful completion of the deferred sentence program, the offender avoids a permanent conviction, which eventually allows them to expunge the record.

Types of Crimes Eligible for Deferred Adjudication in Oklahoma

In Oklahoma, Deferred Sentencing applies to first-time non-violent offenses. Crimes eligible for Deferred Sentencing include:

• First-time misdemeanors, such as:
  • Shoplifting
  • Simple assault and battery
  • Public intoxication
  • Disorderly conduct
• Non-violent felonies, including:
  • Low-level drug possession
  • Property crimes
  • Burglary in the second or third degree (under non-violent circumstances)
• Traffic offenses
  • Reckless driving
  • First-time DUI.