Can I Expunge a Civil Case?

A criminal record isn’t the only part of your past that can come back to haunt you. Civil cases, which include common situations like bankruptcy, eviction, and small claims, also go on your record. So, can civil cases be expunged? And are there other limitations on what landlords and employers can see in your background? If you’re looking to remove a civil case from the record, we have important information for you about expungement.

What Does an Expungement Do?

Depending whether it’s a full or partial expungement, you could remove the case listing, all case info, and any applicable case records. This will not only remove the case from OSCN (the Oklahoma State Courts Network), but also remove the information on the docket sheet for the court clerk’s office. Your case essentially disappears from public view.

Getting an expungement can help open up new opportunities, and allow you to move on after a difficult time in your life. Once your case is expunged, people can’t look up your case and learn private information about your personal life. It even gives you the legal right to say that the case never occurred, such as when applying for a job or housing. But while expungement can open up your opportunities, there are limitations.

Can Civil Cases Be Expunged?

Unfortunately, civil cases can’t be expunged in Oklahoma. This is because the expungement statute only allows for expunging criminal matters, and has no provision for expunging civil cases. The only exception is for Protective Orders. Some protective orders, while still civil in nature, can be expunged utilizing the expungement statute for protective orders. However, other civil cases cannot be expunged. The courts have been resistant to changing the law, choosing to side with the landlords’ right to know over the privacy of the individual. However, there has been recent conversation around allowing evictions to be expunged. While it isn’t yet a reality, this would be a game-changer in Oklahoma, which saw more than 48,000 evictions filed in 2023.

Common Examples That Don’t Qualify for Expungement

Eviction is an all-too-common example of a civil case that can’t be expunged, but it isn’t the only one. Here are some more cases that don’t qualify for expungement.

Small Claims

Small claims court is for cases that involve an amount of money under $10,000. You could have a small claims judgment filed against you for something like a contract dispute or unpaid debts. But one of the most common examples is with apartment rentals. If you damage property in an apartment and your deposit doesn’t cover it, the landlord may file a claim against you to cover the cost of the damage. Regardless of the situation, small claims judgments cannot be expunged.

Bankruptcy

Those wondering if civil cases can be expunged are often thinking of bankruptcy, which exists as a fail safe to help you get back on your feet after a tragic loss. However, there’s a stigma attached with filing bankruptcy and many people want to expunge this type of case off of their record after they get back on their feet. Unfortunately, as a type of civil case, bankruptcy can’t be removed from your record.

Liability Claims

Many people want to expunge civil lawsuits that were brought against them. For example, if you were sued for personal injury when someone fell on your property, or you damaged property while driving under the influence (DUI), you could be sued in civil court and you would not be able to expunge it.

In the DUI example, you could even end up with a criminal conviction that you will be able to expunge after a certain amount of time, but a civil judgment that you won’t be able to expunge. This can be confusing and leave you with a record of the incident, even if you get your criminal case fully expunged.

Still Wondering How to Remove Civil Court Records?

Unfortunately, you can’t remove civil cases from the record in Oklahoma. But there is some good news: Thanks to the federal Fair Credit Reporting Act (FCRA), your civil cases won’t follow you around forever. The FCRA regulates consumer reporting agencies, which run background checks for landlords and employers. Under the FCRA, they’re not allowed to report:

• Civil cases more than 7 years old, including evictions
• Paid tax liens more than 7 years old
• Arrest records more than 7 years old, or where the statute of limitations to charge you for the crime have expired
• Bankruptcy cases more than 10 years old

These rules don’t apply if you’re applying for a job with a salary of more than $75,000. They also don’t apply to certain credit or life insurance applications for large amounts. However, they will cover you in many cases, including if you’re applying for housing.

The Bottom Line

Ultimately, you can’t remove civil cases from the record – but there are plenty of cases that you can expunge. For example, you can expunge certain protective orders, as well as many criminal convictions. If you have criminal charges related to your civil case, or a separate criminal conviction, you should talk to an expungement attorney about your options. The Tulsa Expungement Guy offers free case evaluations, so contact us today to see if you could erase your record.