How Long Do Felonies Stay on Your Record in Oklahoma?

Everyone makes mistakes. If you end up in jail after a night of public drunkenness or a celebration that turns into a disorderly conduct charge, people will probably find it easy to forgive. But a felony on your record can have more serious consequences. Whether you’ve just been arrested or an old mistake has recently come back to haunt you, now you’re wondering, “How long do felonies stay on your record in Oklahoma? And what can I do about it?” Find the answers to all your questions below.

What’s a Felony in Oklahoma?

In Oklahoma, felonies are defined as any crime that is punishable by more than a year in prison. (A misdemeanor, on the other hand, is punishable by a maximum of a year in jail or a fine.) Beyond that, what counts as a felony is up to the state. Here are the most common felonies we see.

Violent Felonies

In Oklahoma, all state defined “violent crimes” are felonies. This is where you’ll find the usual suspects, including assault and battery with a weapon, murder, manslaughter, kidnapping, rape, robbery, child abuse, and the like. There are also some unusual suspects on the list of violent crimes, including:

• Rioting and inciting a riot
• Eluding a peace officer
• Extortion
• Pointing firearms
• Mistreatment of a mental patient
• Abuse of a vulnerable adult

Non-Violent Felonies

Some non-violent crimes are also felonies, including many drug crimes like possession with intent to distribute, drug trafficking, and aggravated trafficking. Other common non-violent felonies include:

• Property crimes, like theft
• Forgery
• Embezzlement
• Fraud
• Gambling and racketeering
• Bribery

Whether or not these crimes are felonies often depends on the amount of money or the value of the property involved. You’ll be formally advised of the charges against you at your arraignment, but a good attorney can find out before that.

Predicate Offenses

Finally, there are predicate offenses, which are crimes that go up from a misdemeanor to a felony when you’re convicted more than once:

• Driving under the influence (DUI)
• Actual physical control (APC)
• Domestic assault and battery
• Violation of protective order

How Long Do Felonies Stay on Your Record in Oklahoma?

Felonies stay on your public record forever in Oklahoma. Yes, any interaction with the law that resulted in an arrest, charge, or conviction for a felony offense will remain on your record for the rest of your life, even if you were exonerated, unless you take action to get it expunged. Let’s break down what exactly stays on your record.

Criminal Convictions

Convictions are usually what comes to mind when someone is concerned about their criminal record. It’s true that felony convictions on your record don’t look good. Even if you’re given a suspended sentence, which means you don’t have to serve jail time, you still have to plead guilty, which will show up on your record.

Arrests

Your public record doesn’t just show convictions, it also shows arrests, even if you were never charged. Sometimes, even if you were taken in for questioning but never officially arrested, law enforcement makes a note in your file.

Exonerations

If charges were never filed in your case, the charges were dismissed, you were found not guilty, or you were able to get your sentence overturned with new evidence, you will still have a felony arrest record. Your public record also shows civil cases, traffic violations, and Victim Protective Orders (VPOs) against you.

Deferred Sentences

A deferred sentence means that instead of making a judgment against you, the judge sentences you to probation. If you complete probation successfully, the charges against you are dismissed and your case will be partially expunged. However, it will still show that you plead not guilty and the case was dismissed.

Can You Remove a Felony From Your Record in Oklahoma?

Sometimes. In Oklahoma, the process to remove a felony from your record is called an expungement. The most important thing to know is that you can never expunge a violent felony conviction from your record. You also can’t expunge more than two non-violent felony convictions, or sex offenses that required you to be added to the sex offender registry.

In these cases, the answer to “How long do felonies stay on your record in Oklahoma?” is forever. If you have a violent felony on your record, you can get a pardon, which restores your gun rights and voting rights but doesn’t wipe your record. Otherwise, you’ll just need to hope that the state reclassifies your crime as non-violent, in which case you would become eligible for expungement.

You can always expunge arrests that didn’t lead to charges, as well as dismissed charges, after waiting two years for the statute of limitations to expire. You can also expunge most non-violent felonies from your record after waiting the required amount of time. The time varies depending on the circumstances of your case, but for felonies it ranges from 5 to 10 years after you complete your probation or jail time.

The Bottom Line

If you’re wondering “How long do felonies stay on your record in Oklahoma?,” it’s important for you to learn about expungement. If you’re eligible, the answer doesn’t have to be “forever.” Clearing your record with an expungement can open up your opportunities for employment, housing, and more. The Tulsa Expungement Guy offers free case evaluations to determine if you qualify, so contact us today – because you can move forward after a felony conviction.