The Oklahoma Expungement Process: Your Guide to Clearing Your Record

Life happens. Sometimes, we make mistakes that leave a lasting mark on our criminal record. The good news is that for many people living in Oklahoma, there’s a legal process called expungement that can help clear those records, opening up new opportunities for employment, housing, and peace of mind. Fry & Elder’s knowledgeable team of attorneys discuss the Oklahoma expungement process and its benefits below.

This process of expunging one’s records gained even greater traction and endorsement in Oklahoma in 2022 when Governor Kevin Stitt signed into law a comprehensive process making expungement automatic for all otherwise eligible misdemeanors and a range of non-conviction records.  

As the Collateral Consequences Resources Center said, “Oklahoma thus becomes the tenth state to join the bipartisan trend toward broadening the availability of record clearing to people with convictions, without requiring them to file a petition and go to court for relief.”

What Is Expungement?

Expungement is a legal process that allows you to have certain criminal records sealed or erased. Once a record is expunged, it is no longer accessible to the public, including potential employers and landlords. However, some agencies, like law enforcement or courts, may still have access to the sealed records under specific circumstances.

A Successful Journey: John’s Expungement in Tulsa, Oklahoma

Let’s consider a hypothetical example of John, a Tulsa, Oklahoma resident, who successfully expunged his record.

John was arrested in his early twenties for a misdemeanor offense related to a minor altercation. After completing his probation, fulfilling all court-ordered obligations, and staying out of trouble for years, John found that his criminal record was still creating obstacles. He struggled to find better-paying jobs and was denied housing opportunities. That’s when he decided to pursue expungement.

Here’s how John navigated the process in Oklahoma:

1. Understanding Eligibility: John learned that under Oklahoma law, certain misdemeanors, non-violent felonies, and arrests that didn’t lead to charges could be expunged. He discovered that he met the criteria because he had fulfilled his sentence, stayed crime-free, and enough time had passed since the incident.
2. Filing the Petition: John filed a petition for expungement with the district court in Tulsa County. He paid the required filing fee and ensured all the necessary documents, including proof of completion of probation and a clean record since the offense, were included.
3. Notifying Relevant Parties: John’s attorney notified the district attorney’s office and law enforcement agencies about his petition, as required by Oklahoma law.
4. Court Hearing: At the hearing, John presented evidence of his rehabilitation, including steady employment, volunteer work, and character references from community members. His attorney highlighted how expungement would help him contribute more effectively to society.
5. The Court’s Decision: The judge granted John’s expungement request, ruling that it was in the best interest of both John and the community.

Why Seek Expungement?

Having a criminal record can be a significant barrier to moving forward in life. Here are some reasons why people seek expungement:

• Employment Opportunities: Many employers conduct background checks, and a clean record can improve your job prospects.
• Housing Access: Landlords often check criminal records, and expungement can make renting easier.
• Restoring Reputation: Clearing your record can give you a fresh start and reduce the stigma of past mistakes.

Who Qualifies for Expungement in Oklahoma?

Eligibility for expungement in Oklahoma depends on:

• The type of offense (e.g., misdemeanors, non-violent felonies, arrests without charges).
• The time elapsed since the conviction or completion of the sentence.
• Fulfillment of all court-ordered obligations (fines, restitution, probation).
• No subsequent criminal activity.

Tips for a Successful Expungement

• Be Honest: Provide accurate and complete information on your petition.
• Gather Documentation: Collect evidence of rehabilitation, such as employment records, community service, or character references.
• Follow Instructions: Ensure you adhere to all procedural requirements and deadlines.
• Seek Legal Assistance: An attorney specializing in expungement can guide you through the process and increase your chances of success.

Life After Expungement

Once your record is expunged, you can legally answer “No” when asked about a criminal history on most applications. However, be aware of exceptions, such as applying for certain government jobs or professional licenses.

Expungement isn’t just about clearing your record—it’s about reclaiming your life. If you’ve made mistakes in the past but have worked to move forward, pursuing expungement can be a powerful step toward a brighter future.

Getting a case expunged can feel daunting, but the rewards are well worth the effort. The attorneys at Fry & Elder are well-versed and can help successfully navigate you throughout the Oklahoma expungement process. By taking the initiative to clear your record, you’re investing in a future full of opportunities and second chances.If you’re considering expungement, start by understanding Oklahoma’s laws and reaching out to a qualified attorney. Click here to set up a personal consultation with an experienced Oklahoma expungement attorney.