The Definitive List Of Violent Crimes In Oklahoma

In Oklahoma, you can’t expunge a “violent crime.” Why? These crimes are legally considered to be severe enough that they shouldn’t be erased—the assumption is the offender poses a perpetual threat to society. That being said, you may be surprised how the State defines “violent,” which doesn’t always involve an act of actual violence. Oklahoma has a specific list of felonies that are considered violent. A new list went into effect on November 1, 2021, which includes:

1. Assault and Battery with a Dangerous or Deadly weapon.

2. Assault and Battery with a Deadly Weapon or by Other Means Likely to Produce Death or Great Bodily Harm.

3. Aggravated Assault and Battery on a Police Officer, Sheriff, Highway Patrolman, or Any Other Officer of the Law.

4. Poisoning with Intent to Kill.

5. Shooting with Intent to Kill.

6. Assault with Intent to Kill.

7. Assault with Intent to Commit a Felony.

8. Assault with a Dangerous Weapon While Masked or Disguised.

9. Murder in the First Degree.

10. Murder in the Second Degree.

11. Manslaughter in the First Degree.

12. Manslaughter in the Second Degree.

13. Kidnapping.

14. Burglary in the First Degree.

15. Burglary with Explosives.

16. Kidnapping for extortion.

17. Maiming.

18. Robbery.

19. Robbery in the First Degree.

20. Robbery in the Second Degree.

21. Armed Robbery.

22. Robbery by Two or More Persons.

23. Robbery with a Dangerous Weapon or Imitation Firearm.

24. Child abuse.

25. Wiring any Equipment, Vehicle or Structure with Explosives.

26. Forcible Sodomy.

27. Rape in the First Degree.

28. Rape in the Second Degree.

29. Rape by Instrumentation.

30. Lewd or Indecent Proposition or Lewd or Indecent Act with a Child Under Sixteen Years of Age.

31. Use of a Firearm or Offensive weapon to Commit or Attempt to Commit a Felony.

32. Pointing Firearms.

33. Rioting.

34. Inciting to Riot.

35. Arson in the First Degree.

36. Injuring or Burning Public Buildings.

37. Sabotage.

38. Criminal Syndicalism.

39. Extortion.

40. Obtaining Signature by Extortion.

41. Seizure of a Bus, Discharging Firearm or Hurling Missile at Bus.

42. Mistreatment of a Mental Patient.

43. Using a Vehicle to Facilitate the Discharge of a Weapon.

44. Bombing Offenses

45. Child Pornography or Aggravated Child Pornography.

46. Child Prostitution.

47. Abuse of a Vulnerable Adult.

48. Aggravated Trafficking.

49. Aggravated Assault and Battery Upon Any Person Defending Another Person From Assault and Battery.

50. Human Trafficking.

51. Terrorism Crimes.

52. Eluding a Peace Officer.

53. Domestic Abuse by Strangulation, Domestic Assault with a Dangerous Weapon, Domestic Assault and Battery With a Dangerous Weapon, or Domestic Assault and Battery with a Deadly Weapon.

Oklahoma’s Violent Felony List is Incredibly inconsistent

While much of this list includes crimes you would expect, such as murder and rape, there are other crimes that most people wouldn’t consider violent. Let’s say an officer tries to stop your vehicle, and you keep driving to evade the officer and avoid being pulled over. You are guilty of “eluding a peace officer,” which is a violent crime. On the other hand, domestic assault and battery on a pregnant woman—an act that nearly everyone would consider to be violent—is not on this list. These inconsistencies make it hard to determine who is and is not eligible for expungement. In the case of these examples, the crime of eluding a peace officer could not be expunged while abusing a pregnant woman could be expunged.

First-Time Non-violent Felonies Can be Expunged

The good news is, any crime that isn’t explicitly listed above is considered a non-violent crime. If you receive a deferred sentence on a non-violent felony, it can be expunged five years after the completion of the deferred sentence and the dismissal of the charges. You must also have successfully completed your probation requirements, have had no misdemeanor convictions in the past 7 years, have had no prior felony convictions, and no pending charges.

Second Felony Convictions Can Still be Expunged

If you have a second felony conviction, you may still qualify for an expungement. You can apply for an expungement of both felony convictions after 10 years have passed from the successful completion of both sentences. However, if you have any prior convictions from one of the listed violent felonies above, you are not eligible to get either of your felony convictions expunged.

Crimes Requiring Sex Offender Registration Cannot Be Expunged

In addition to the violent crimes above, you do not qualify for an expungement if you were required to register as a sex offender. This can be misleading, because many of the crimes that require sex offender registry are listed on the violent crimes list, but not all of them. For example, sexual battery requires registry as a sex offender, but is not considered a violent crime under the Violent Crime List.

What are the benefits of expunging a crime?

If your conviction is eligible for expungement, it is well worth the effort to pursue. When you are granted an expungement, the Oklahoma court seals those records. This means your record will not be available to the public, but all expunged records remain accessible to the courts and law enforcement.

The primary benefit of expungement is that once your arrest, conviction, dismissal, or acquittal is sealed, you can legally deny being arrested or convicted.

How do you know if your case is eligible for expungement?

Any crime that isn’t listed on the violent felonies list is considered non-violent and could potentially be eligible for expungement. Because the list can change and there are crimes included (or not included) that may seem counterintuitive, it’s best to consult with an experienced expungement attorney. Your attorney will be able to advise on your case—and if you are eligible for an expungement, they can ensure all paperwork and processes are completed properly. Need help determining if your conviction was a “violent crime”? Please call us at (918) 922-8826 or take our free expungement quiz.

In Oklahoma, you can’t expunge a “violent crime.” You would be forgiven for thinking that a “violent crime” just means a crime that involves some kind of violence, but the law simply doesn’t work that way. The State has a list of crimes that are considered “violent crimes,” and a new list just went into effect on November 1, 2021. Here is every crime that is considered a “Violent Crime” in Oklahoma:

1. Assault and Battery with a Dangerous or Deadly weapon.
2. Assault and Battery with a Deadly Weapon or by Other Means Likely to Produce Death or Great Bodily Harm.
3. Aggravated Assault and Battery on a Police Officer, Sheriff, Highway Patrolman, or Any Other Officer of the Law.
4. Poisoning with Intent to Kill.
5. Shooting with Intent to Kill.
6. Assault with Intent to Kill.
7. Assault with Intent to Commit a Felony.
8. Assault with a Dangerous Weapon While Masked or Disguised.
9. Murder in the First Degree.
10. Murder in the Second Degree.
11. Manslaughter in the First Degree.
12. Manslaughter in the Second Degree.
13. Kidnapping.
14. Burglary in the First Degree.
15. Burglary with Explosives.
16. Kidnapping for extortion.
17. Maiming.
18. Robbery.
19. Robbery in the First Degree.
20. Robbery in the Second Degree.
21. Armed Robbery.
22. Robbery by Two or More Persons.
23. Robbery with a Dangerous Weapon or Imitation Firearm.
24. Child abuse.
25. Wiring any Equipment, Vehicle or Structure with Explosives.
26. Forcible Sodomy.
27. Rape in the First Degree.
28. Rape in the Second Degree.
29. Rape by Instrumentation.
30. Lewd or Indecent Proposition or Lewd or Indecent Act with a Child Under Sixteen Years of Age.
31. Use of a Firearm or Offensive weapon to Commit or Attempt to Commit a Felony.
32. Pointing Firearms.
33. Rioting.
34. Inciting to Riot.
35. Arson in the First Degree.
36. Injuring or Burning Public Buildings.
37. Sabotage.
38. Criminal Syndicalism.
39. Extortion.
40. Obtaining Signature by Extortion.
41. Seizure of a Bus, Discharging Firearm or Hurling Missile at Bus.
42. Mistreatment of a Mental Patient.
43. Using a Vehicle to Facilitate the Discharge of a Weapon.
44. Bombing Offenses
45. Child Pornography or Aggravated Child Pornography.
46. Child Prostitution.
47. Abuse of a Vulnerable Adult.
48. Aggravated Trafficking.
49. Aggravated Assault and Battery Upon Any Person Defending Another Person From Assault and Battery.
50. Human Trafficking.
51. Terrorism Crimes.
52. Eluding a Peace Officer.
53. Domestic Abuse by Strangulation, Domestic Assault with a Dangerous Weapon, Domestic Assault and Battery With a Dangerous Weapon, or Domestic Assault and Battery with a Deadly Weapon.

Oklahoma’s Violent Felony List is Incredibly inconsistent

While many of the crimes on this list are crimes you would expect such as murder and rape, some of them aren’t things most people would consider violent. Let’s say an officer tries to stop your vehicle, and you keep driving and try to evade the officer to avoid being pulled over. You are guilty of the “violent crime” of Eluding a Peace Officer. On the other hand, a crime that nearly everyone would consider violent, such as domestic assault and battery on a pregnant woman, is not considered a “violent crime.” These inconsistencies make it hard to determine who is and is not eligible for expungement.

First-Time Non-violent Felonies Can be Expunged

The good news is, any crime that isn’t explicitly listed above is considered a non-violent crime. If you receive a deferred sentence on a non-violent felony, it can be expunged five years after the completion of the deferred sentence and the dismissal of the charges. You must also have successfully completed your probation requirements, have had no misdemeanor convictions in the past 7 years, have had no prior felony convictions, and no pending charges.

Second Felony Convictions Can Still be Expunged

If you have a second felony conviction, you may still qualify for an expungement. You can apply for an expungement of both felony convictions after 10 years have passed from the successful completion of both sentences. However, if you have any prior convictions from one of the listed violent felonies above, you are not eligible to get either of your felony convictions expunged.

Crimes Requiring Sex Offender Registration Cannot Be Expunged

In addition to the violent crimes above, you do not qualify for an expungement if you were required to register as a sex offender. This can be misleading, because many of the crimes that require sex offender registry are listed on the violent crimes list, but not all of them. For example, sexual battery requires registry as a sex offender, but is not considered a violent crime under the Violent Crime List.

Need help determining if your conviction was a “violent crime?” Please call us at (918) 928-9617 or take our free expungement quiz.