How to Expunge a Misdemeanor in Oklahoma

Sometimes misdemeanor charges seem like “no big deal.” Maybe a fun night out with friends turned into a public intoxication charge, or you knocked over a few mailboxes when you were younger. Others are seen as more serious, like assault and drug possession. But the fact is, any misdemeanor on your record can cause you serious problems long after your conviction. If you’ve been convicted of a misdemeanor that’s led to issues with jobs, housing, or school, an expungement may be the answer.

What is a misdemeanor?

A misdemeanor in Oklahoma is any crime that’s punishable by less than a year in jail. These crimes are considered less serious than felonies, which are punishable by more than a year in jail. A wide variety of crimes are misdemeanors, including:

• Assault
• Battery
• Breaking and entering
• Disorderly conduct
• Disturbing the peace
• Driving under the influence (DUI, first offense only)
• Driving while intoxicated (DWI)
• Falsely reporting a crime
• Drug possession
• Petty larceny
• Prostitution
• Public intoxication
• Reckless driving
• Shoplifting
• Stalking
• Vandalism

Keep in mind that “violent crimes” are always felonies in Oklahoma and can’t be expunged. This includes variations of the above crimes like aggravated assault, burglary, and robbery. If you’re not sure whether you have a misdemeanor on your record or a felony, you can request your record through the state’s Criminal History Information Request Portal (CHIRP).

How long is a misdemeanor on your record in Oklahoma?

In Oklahoma and most other states, both misdemeanor and felony convictions will stay on your record for life unless you take steps to expunge them. In addition to convictions, if you were arrested and not charged, your sentence was overturned, or you received a deferred sentence, your record will still show your arrest and the outcome of your case.

What is an expungement?

An expungement is when an arrest or conviction record is sealed and no longer accessible to the general public. Once your record is expunged, it will be removed from Oklahoma State Courts Network (OSCN) and On-Demand Court Records (ODCR), two online databases, and from the records of the Oklahoma State Bureau of Investigation (OSBI). The only way someone can see your expunged record is with your permission or if they’re a member of law enforcement.

Are all expungements the same?

No, there are two types of expungement: full and partial. A full expungement, or Section 18 Expungement, erases your criminal arrest, criminal charge, criminal court proceedings, and other public criminal records. After a full expungement, a person can legally say the incident did not occur, and it is as if it never happened.

A partial expungement, or 991c Expungement, only applies to individuals who have received a deferred sentence. After a successful partial expungement, an individual’s record will be removed from online databases and their OSBI record will typically state they were arrested for the offense, but they plead not guilty and the case was dismissed.

Is it worth it to expunge a misdemeanor?

Yes! Although they tend to be less serious crimes than felonies, having a misdemeanor on your record can still have serious consequences, affecting your ability to find a job and housing. After an expungement, you do not have to disclose your prior criminal history to people such as employers and landlords. Additionally, expunged crimes do not have to be disclosed to educational institutions, which can eliminate barriers to licensing in certain fields.

How to expunge a misdemeanor in Oklahoma

Expunging a misdemeanor in Oklahoma involves a very specific legal process. Hiring an experienced expungement attorney can help you navigate these steps.

Check if you qualify

To expunge a misdemeanor in Oklahoma, you must always have paid all of your court costs and fines, and you must not have any charges pending against you. If you meet these requirements, you could be eligible under the following conditions:

• Deferred misdemeanor: If you successfully completed probation for a deferred sentence, you can apply for a full expungement if one year has passed since you completed probation. Also requires that you have not had a felony conviction.
• Misdemeanor conviction with less than a $500 fine: In this scenario you would have received no jail or prison time. You must have paid all of your fines, and you cannot have a felony conviction.
• Misdemeanor conviction with more than a $500 fine: This is when you received a fine over $500, jail time, prison time, or a suspended sentence. You cannot have a felony conviction, and 5 years must have passed since the end of the last misdemeanor sentence.

Keep in mind that while you have to wait a certain amount of time to get an expungement depending on your crime, there is no “maximum” time frame. Even if the misdemeanor occurred 10, 20, or 30 years ago, you may still qualify for an expungement if you meet the other requirements.

Hire an expungement attorney

The process for expunging a record in Oklahoma can be complex. For example, you’ll have to notify multiple parties, who may be in different districts, and also collect signatures. If someone objects to your expungement, you’ll need to argue your case in court. An experienced attorney can not only answer all of your questions about expungement and help you build your case, but will also take care of all the trips to the courthouse and post office.

File your expungement petition

The first step to expunge a misdemeanor is to file a Petition for Expungement in the district court where the arrest was made. For example, if you were arrested in Tulsa County, you would apply for an expungement in Tulsa County. You’ll need to fill out specific information on the Petition, which your attorney will help you with.

Let your attorney take care of the rest

You also need to send copies of your Petition for Expungement to the judge, arresting agency, and district attorney or prosecutor in that district, as well as to OBSI. Once your hearing date is set, you also need to notify the same parties of the date. Your attorney can take care of all of this. They can even appear for you in court, saving you time and hassle.

How long does it take to expunge a misdemeanor?

The process for expunging a misdemeanor in Oklahoma can take anywhere from 60 to 120 days, depending on how busy your district is. Luckily, misdemeanor expungements are typically straightforward, and hiring an attorney can help the process move even faster. After the judge makes their ruling and issues an Order to Expunge, it can take another 30 days for the records to actually be removed from the databases.

Ready to see if you qualify?

A misdemeanor on your record doesn’t have to haunt you forever. If you would like to explore the possibility of getting your record expunged, contact the Tulsa Expungement Guy for a free consultation.