How Can I Get My Record Expunged for Free?

Nearly 80 million Americans have a criminal record—and this doesn’t just mean major crimes. Even an arrest that didn’t lead to charges can go on your record. Yet even though criminal records are common, they still negatively affect your life, influencing how employers, landlords, and even your neighbors or coworkers view you.

Expungement is the best way to get rid of your record, but there’s a misconception that it’s expensive and complicated. That’s why one of the most common questions we hear is “How can I get my record expunged for free?” Let’s first make sure you’re eligible and truly need a free expungement, then dive into your options.

Am I Eligible for an Expungement?

The first thing a lawyer can help you with is determining if you’re eligible for expungement. In fact, many attorneys provide this advice for free during a case evaluation. We’ve also created a quick eligibility tool that can answer this question in 60 seconds or less. For more details, you can check out “How to Expunge a Record in Oklahoma,” but here are the basics.

Crimes that are eligible for expungement generally include:

• Misdemeanor convictions if 5 years have passed since you completed your sentence
• Deferred misdemeanors if 1 year has passed since you completed your sentence
• A singular nonviolent felony conviction if 5 years have passed and you had no other convictions in the last seven years
• A deferred felony case if 5 years have passed since the charges were dismissed
• Two deferred felonies if 10 years have passed since the charges were dismissed

You’ll also have to fulfill the following requirements:

• You’ve paid all your fines and court costs.
• You have no prior violent felony convictions.
• You have no pending misdemeanor or felony charges.

Other than that, eligibility varies based on your sentence, prior criminal history, and more. If you’re not sure whether you’re eligible, a lawyer can help.

How Much Does an Expungement Cost in Oklahoma?

The minimum fees for expungement in Oklahoma, without the aid of an expert, are usually about $350. According to the Oklahoma State Bureau of Investigation (OSBI), expunging your court record is free. However, there is a $150 fee to expunge your arrest record, and you’ll definitely want to do both. Other fees, which you’ll have to pay to file the paperwork, usually total about $175.

Your fees could be more if your expungement is complex, like if it’s your second nonviolent felony, you’re expunging a protective order, or you have to get multiple sign-offs from different agencies. You’ll also probably want to do a background check to make sure there’s nothing on your record that would prevent an expungement, like an outstanding warrant. An OSBI background check costs $15.

If you’re asking, “How can I get my record expunged for free?,” you were probably thinking it costs a lot. While you may not be able to expunge your record completely free of cost because of fees, it isn’t necessarily expensive. Even if you hire a lawyer, it usually only costs around $1,500 to $2,500.

How Can I Get My Record Expunged for Free?

Lawyers provide plenty of services that speed up the process, save you time, and ensure you maximize your chances of success. But if you’re set on a low-cost or free expungement, here are your options.

Option 1: Get a Deferred Sentence Expungement

A deferred sentence means that the judge doesn’t make a determination of your guilt or innocence. Instead, they’ll sentence you to probation. When you successfully complete it, you’ll automatically get a partial expungement. Also called a 991 expungement, a partial expungement means your court records will show that you pleaded “not guilty” and the case was dismissed.

The downside: If you didn’t receive a deferred sentence, you won’t be eligible for an automatic 991 expungement. This type of expungement also doesn't expunge your arrest record, so you’ll still have to apply for that and pay the fees.

Option 2: Wait for the Clean Slate Bill

Oklahoma recently passed a Clean Slate Bill that creates a faster process by automatically expunging certain crimes. Under the new system, the OSBI will review its records every month and automatically order expungements for qualifying cases. Eligible cases include all misdemeanors, nonviolent felonies reclassified as misdemeanors, and arrests that didn’t lead to charges.

The downside: The bill won’t become effective until the system is ready, which could be 2025 or even 2026. There has been no information regarding how this system will work or when it will be operational. An expungement could benefit you now.

Option 3: Attend a Free Clinic

Various nonprofits, including Legal Aid Services of Oklahoma and the Urban League of Greater Oklahoma City, host free expungement clinics annually. The Urban League’s clinic is usually in June and has helped hundreds of people so far. Here’s how it works:

• At the clinic, participants get help filling out an application. Volunteers make sure the application is filled out correctly and all the required information is included.
• Applications are passed off to volunteer attorneys, who review them for eligibility.
• If the participant isn’t eligible, they’ll be told why and what they can do about it, if anything.
• If they are eligible, they’ll work with an attorney to complete the expungement process.

Participants that meet income requirements can apply to have the program to cover their application and court fees. Others may have to pay those fees, but will receive legal services for free.

The downside: This option may not be available in your area. Free expungement clinics are often limited to major cities like OKC and Tulsa.

Option 4: Try the Process Yourself

This is the first option that comes to mind when many people wonder, “How can I get my record expunged for free?” – but it isn’t the best, which is why it’s last on our list. Even the OSBI website recommends having a lawyer to help you through the expungement process. If you’re set on a do-it-yourself expungement, here’s an overview of the process:

1. You’ll fill out a Petition to Expunge Records and bring it to the District Court where the charges were filed.
2. Notify the district attorney or prosecutor where your case was filed, the agency that arrested you, and the OSBI.
3. Receive a notice when your hearing is scheduled and attend your hearing.
4. Get the appropriate signatures on an Order for Expungement. You may be able to do this at your hearing.
5. If the judge approves your petition, you will send an Order of Expungement to the agencies that have your records.
6. Follow up with the OSBI a few months after approval to confirm your records were expunged.

The downside: The expungement process may be more complex than you think. Notifying the agencies, collecting signatures, and following up can be a lengthy and confusing process. You’ll be held to the same standard with or without an attorney - If you don’t follow the process properly, your expungement will be denied.

The Bottom Line

Unless you have a low enough income to qualify for completely free legal aid, the answer to “How can I get my record expunged for free?” may be: You can’t. There will always be filing fees and court costs you’ll have to pay to completely expunge your record.

The options above give you a starting point for a low-cost or free expungement, but you’ll likely find that the process is time-consuming. Most people find that hiring a lawyer is well worth it. At the Tulsa Expungement Guy, we’ll work with you to fit the cost of an expungement into your budget. We even offer payment plans. When you’re ready to speed up your expungement process, contact us to get started.