Expungements
I’ve completed a deferred sentence on a felony conviction in Oklahoma. Can I have my record expunged? Hi, I’m Oklahoma City Attorney Aaron Easton, and that’s a question we have before us today.
So as I mentioned in some other videos, Title 22, Section 18 of the Oklahoma Statutes governs expungement of criminal records in Oklahoma, and this includes both arrest and conviction records. And there are several different subsections in that statute that deal with expungements based on the particulars of the conviction you’re trying to get expunged and your criminal history.
Understanding Subsection 9 of the Expungement Statute
Today, we’re talking about having a felony conviction that resulted in a deferred sentence being expunged after the completion of that deferment. So that falls under Subsection 9 of that statute, and I’m going to read here directly from the statute and I’ll kind of explain what that means.
Subsection 9 reads, the person was charged with a nonviolent felony offense not listed in Section 571 of Title 57 of the Oklahoma Statutes. The charge was dismissed following the successful completion of a deferred, judgment, or delayed sentence. The person has never been convicted of a felony. No misdemeanor or felony charges are currently pending, and at least five years have passed since the charge was dismissed.
So kind of sounds like a mouthful, but there are four elements within that statute that you have to know to understand whether or not you’re eligible for an expungement under Subsection 9. So if you’ve completed your deferred sentence on your felony, the four things you have to meet is, one, that felony cannot fall under Title 57, Section 571, which is known as violent offenders statute in Oklahoma, and those are things like you might expect, murder, manslaughter, rape, kidnapping, and several others. So it can’t fall under that subsection. Two, you can’t have previously been convicted of a different felony. Three, you can’t have any current charges pending against you. And four, at least five years had to have passed since you’ve completed your deferred sentence. And that means also paying off any residual court costs, fees, fines, things of that nature.
Speak to an Attorney for Professional Guidance
If you think you may qualify to have your felony conviction that resulted in a deferred sentence expunged in Oklahoma, you’re going to want to speak to an attorney privately and confidentially about the specifics of your case. And to have a initial consultation with an attorney at my firm to see if we can help you with your expungement, you can reach us by phone at 405-888-5400 or online at postconviction.lawyer.
Take the First Step Toward Expungement
Ready to take action and explore the possibility of getting your felony conviction expunged? Contact us today for a initial consultation. Our experienced attorneys are here to guide you through the process and determine the best course of action for your case. Call us at 405-888-5400 or visit our website at postconviction.lawyer to get started.