Eligibility Requirements
Hi, I’m Oklahoma City Attorney Aaron Easton, and that’s the question we have for us today. And the answer to that question, like most all expungement answers, can be found in Title 22, Section 18 of the Oklahoma Statutes, which governs the expungement of criminal records in Oklahoma, which includes arrest records and records of conviction.
So today, specifically, we’re gonna talk about getting a felony conviction expunged when the person seeking the expungement has only been convicted of one felony offense. There are some other subsections that deal with people who have been convicted of multiple felony offenses. Today, again, we’re gonna stick with the single felony offense. And that can be found in Subsection 12 of the statute I just discussed.
Requirements for Expungement
There are essentially five elements that you have to meet to get that single felony conviction expunged in Oklahoma. And so, those five elements are, one, the felony conviction cannot be a violent felony offense, as defined in Title 57, Section 571, and those violent offenses are what you might expect, murder, manslaughter, kidnapping, robbery, things of that nature. But that Section 571 of Title 57 covers all those, and there are several. So first of all, it can’t be a violent conviction. It’s gotta be a non-violent felony.
Element two is that the person, as I alluded to earlier, can’t have any other felony convictions on their record. Three, the person can’t have any misdemeanor convictions in the seven years prior to the time they’re seeking expungement. Four, there can be no pending charges, and that’s either felony or misdemeanor. You can’t have any pending charges. And five, at least five years have to have passed since the completion of your felony conviction.
Taking the Next Steps
And that doesn’t mean just being released on the felony. If you’re released and you still have some deferred time that you have to do, time out on probation, you have to have completed that as well, and paid any residual court fees, fines, things of that nature. So once five years has passed since the full completion of that case, and you meet those other four elements, then you’re statutorily able to get an expungement.
What kind of goes into that can be a little confusing. So if you want to talk about the specifics of your case to see if you’re eligible for an expungement under subsection 12 of that criminal expungement statute, you’re gonna want to speak to an attorney privately and confidentially. To do so with an attorney at my firm, you can have a initial consultation, and you can reach us at 405-888-5400, or online at postconviction.lawyer.
Take Action Today
If you’re ready to have your felony conviction expunged, don’t hesitate to schedule a initial consultation with one of our experienced attorneys. Call us today at 405-888-5400 or visit us online at postconviction.lawyer to get started on the path to a clean criminal record.