Are You Ready To Put Your Past Behind You?
Oklahoma has a long history of being tough on crime and as a result, it has one of the highest incarceration rates in the country. If you are engaging in illegal activities of any kind in Oklahoma, it is likely that sooner or later, you will get caught and have to pay the piper. But once you have completed your sentence it is time to move on in your life and put the past behind you. But old convictions, like bad pennies, can come back to haunt you when you least want them to. If you are ready to move on, you may need the help of an experienced Oklahoma City expungement attorney.
The History of Expungements in Oklahoma City
In 2016, Oklahoma took concrete steps to make it easier to move on in your life. The Oklahoma legislature passed new laws, reforming the expungement statutes to make expungements easier and quicker to obtain for misdemeanors and non-violent felonies. Some expungements can be obtained in a relatively short time, some immediately.
And for non-violent felonies, the legislature significantly reduced the time needed to qualify, from 10 to 5 years in many cases. And while these requirements vary quite a bit from conviction to conviction, your Oklahoma City expungement attorney can advise you regarding qualifying criteria and can help you take all the steps you need toward expungement.
What You Need to Know About Criminal Records Expungements
So what is an expungement and how does it work? Well, getting an expungement is somewhat like having a magic eraser in your back pocket. It is a kind of relief that you ask the courts for and, if the court grants your petition for expungement, the court seals your records. For all intents and purposes, once those records are sealed from public view, it is as if the conviction never took place.
There are different kinds of expungements, and those expungements have differing qualifying criteria and they accomplish different things.
A criminal records expungement is the most complete expungement you can get. It seals everything from the arrest record to the court file. Also, it seals your records from all web-based background check services. However, it is more difficult to obtain.
This type of expungement requires a significant waiting period and is only available for misdemeanors and non-violent felonies. The legislature has reduced the waiting time for some of these convictions from 10 years to 5, but that is still a long time to wait.
Also, this type of expungement requires a formal pleading with the court that must be drafted, filed, and served upon all interested parties in a timely fashion. It also requires a court hearing.
The initiation of this type of proceeding is quite complicated and requires precise language and timing with regard to the petition. However, once these records are sealed, they cannot be unsealed except by court order. And if asked, you can lawfully say that you have never been convicted of a crime.
If you qualify, you will need an experienced Oklahoma City criminal defense attorney to handle this matter for you.
Deferred Sentence Expungements in Oklahoma
Compare this to what is typically known as a deferred sentence expungement in Oklahoma City. A deferred sentence expungement works differently.
When a judge issues a deferred sentence, the judgment is not automatically entered. The judge defers judgment for a specified time. In that time frame, if you complete all tasks that the court asks you to complete and stay out of further trouble, at the end of your term, the court record will be changed to read that you pleaded “not guilty” and the case was dismissed. However, the arrest record remains intact and available for public viewing.
This is a less complete version of an expungement, but can be helpful to obtain while you are waiting the required time for a criminal records expungement or if you do not qualify for a criminal records expungement.
Why You Need an Expungement Attorney
The world of expungements in Oklahoma City can be complicated. You want to make sure that you understand which expungements you qualify for and the scope and ramifications of each. An Oklahoma City expungement attorney can help you understand the differences between the types of expungements available and will help you understand if you meet the qualifying criteria.
In addition, the more complete expungement — the criminal records expungement — has certain qualifying criteria and procedural requirements that must be met in order for the expungement to be granted. If a procedural or qualifying element is missing, the court will not grant your Petition for Expungement. So you want to get it right the first time.
Initial Consultation: Oklahoma City Expungement Attorney
We make it easy for you to get answers to your most pressing questions. There is no cost and no obligation for an initial consultation with our Oklahoma City expungement attorney. Call today for answers to your questions.
Our lawyer is well positioned to advise you accordingly, as he has the necessary training and experience. He has the wit and tenacity to match the skill of the Oklahoma City authorities.
For a initial consultation, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW) today.
If you prefer, you may send your question using the contact form at the top right side of this page.