How to Remove a Court Case From Public Record in Oklahoma

When was the last time you Googled a coworker, neighbor, or potential love interest? If you’re looking up other people online, chances are they’re looking you up, too. Will they like what they find? If you have a criminal case in your past, it’ll be at the top of the list. Before you end up in an awkward conversation, learn how to remove a court case from the public record.

What Are Public Records?

Public records include any information kept by any public agency at the local, state, or federal level. In Oklahoma, public records include any records kept by agencies including:

• City police departments
• Local district attorneys’ offices
• District courts
• Civil and Criminal Appeals courts
• Supreme Court
• Office of the Attorney General
• Department of Corrections
• Office of the Governor
• Department of Public Safety
• Department of Human Services
• Public colleges and universities

Each of these agencies keeps its own records, but there are also centralized databases available for public search. If you’re wondering how to remove a court case from the public record in Oklahoma, you’ll be most interested in these databases:

• The Oklahoma State Courts Network (OSCN) includes public court records from all of the state’s district courts, Supreme Court, Court of Criminal Appeals, and Court of Civil Appeals.
• The Oklahoma State Bureau of Investigation (OSBI) allows requests for information on criminal history through the Criminal History Information Request Portal (CHIRP). You can also find sex offender and violent offender records maintained by the Department of Corrections.

Between these two databases, any member of the public can find records including:

• Arrests
• Civil cases
• Criminal convictions
• Dismissed charges
• Probate court records
• Traffic violations
• Victim Protective Orders (VPOs)

Typically all you need to search these databases is a full name. It’s easy for not only acquaintances, but potential employers and landlords to find past court cases online. That can affect your ability to apply for a job or obtain housing.

Are Expunged Records Still Public?

No. Expungement is a process that seals court cases from public view. This means the general public – friends, family, coworkers, potential partners, landlords, and employers – can’t see the court records. If asked, you can also legally say that you’ve never been convicted of a crime.

There is one exception: Law enforcement agencies will still be able to see the case, even if it’s been expunged. That means if you’re arrested again, a previous conviction can be used to enhance punishment. Whether it will be used against you depends on the district. Some prosecutors will ignore expunged cases, while others may use them in charging and sentencing.

What Cases Can I Remove From Public Records in Oklahoma?

If you’re not sure how to remove a court case from the public record, you may also be wondering if you’re even eligible. Court cases can be split up into two types: criminal and civil. In Oklahoma, you can remove criminal cases, but not civil cases.

In a criminal case, the government brings charges against an individual for violating the law. But even if you’re arrested and not charged, your case will still be on file. You can remove the following records:

• Arrests
• Charges that didn’t lead to a conviction
• Convictions that were retroactively changed from felonies to misdemeanors (usually drug charges)
• Convictions that were later reversed (for example through DNA evidence)
• Juvenile crimes
• Misdemeanor convictions
• Some non-violent felony convictions
• Pardoned crimes
• Protective orders
• Traffic violations

Each of these situations has its own set of rules about how long you need to wait to file an expungement, ranging from 1 to 10 years after you complete your sentence. You’ll need to have paid all of your court costs and fines, have no recent convictions, and have no charges pending against you.

What Cases Can’t Be Removed From Public Records?

In Oklahoma, you can’t expunge certain crimes or civil cases. A civil case involves an individual taking another individual to court, usually to get financial compensation. Overall, this means the following records can’t be expunged:

• Violent crime convictions
• Sex offenses
• More than two non-violent felonies
• Bankruptcy
• Civil lawsuits, like personal injury
• Divorce proceedings
• Eviction
• Small claims court cases

How to Remove a Court Case From Public Records

The best way to remove a court case from public records is through expungement. Here are the steps you need to take.

Understand the Types of Expungement

Under Oklahoma law, you can obtain either a full or partial expungement. A full expungement gets rid of the entire court case, including arrest records and plea deals. A partial expungement occurs after a deferred sentence, and means your record will show that you plead not guilty and the case was dismissed. Partial expungements only apply to deferred sentences: When you complete your probation, your case is dismissed and your record is updated. However, you can still get a full expungement of a deferred sentence.

Determine If You’re Eligible

The rules around which crimes can be expunged, when, and how can be complex. The amount of time you need to wait to expunge your record varies from one year to ten years, depending on the type of information you want to remove and your recent criminal record. We always recommend consulting an attorney, even if you think you won’t be able to remove a court case from the public record. You can also use our free eligibility quiz for a quick answer.

File Your Petition

If you’re eligible, the first thing you’ll do is file a Petition for Expungement with the court. You’ll need to provide your name, date of birth, Social Security number, the crime you want to expunge, date of the arrest, and the end result of the charges. You’ll also need to pay filing fees and have the court set a hearing date.

Notify Appropriate Parties

The court will set your hearing for 30 days after they review your petition. That gives you time to notify the appropriate parties. You need to collect signed copies of your Petition for Expungement from the arresting law enforcement agency, OSBI, the court clerk, and the district attorney in the district where the case happened. To expunge a protective order, you also need to notify the victim. All of these people will be able to protest your expungement if they desire.

Attend Your Hearing

The hearing is when the court decides whether to grant your Petition for Expungement. Officers from the arresting agency, the prosecutor or district attorney, investigators from OSBI, and other people the court thinks are relevant, including victims, may testify at the hearing. You’ll also be able to make your case. If the court grants your petition, the judge issues an order of expungement.

Check Your Records

Once the court issues an order for expungement, OSBI and OSCN should seal your records within about 30 days. Once the time has passed, you should look yourself up on these databases to confirm your records have been expunged. If they haven’t, your attorney can help you figure out why and get them removed.

The Bottom Line

If you’re thinking about how to remove a court case from public records, chances are a past mistake has come back to haunt you – and you need an expungement. An attorney can help you navigate the process, make your case at your hearing, and ensure your records are removed quickly and smoothly. If you’re ready to leave the past behind, contact the Tulsa Expungement Guy today to get started.