Oklahoma’s Best Expungement Attorney

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What, specifically, is a “criminal record”, and what does an “expungement” specifically do?

Why should I hire you instead of someone else?

What about “automatic” expungements? My attorney / the prosecutor told me my charge would be automatically expunged, but it’s not.

Another attorney handled my expungement, and it was denied. Can I reapply?

What about mugshot websites? Can those be expunged?

What is the difference between an expungement and a pardon?

I’d like to learn more about the specifics of each kind of expungement. What is the difference between an 18/19 and a 991c expungement?

Specifically who qualifies for a 991c expungement? Who qualifies for an 18/19 expungement?

What, specifically, is a “criminal record”, and what does an “expungement” specifically do?

Expungement is an attorney-led process that uses Oklahoma’s District Courts to erase or change criminal record(s). Aside from the obvious meaning of the phrase “criminal records”, the term has not specifically been defined by Oklahoma’s Courts. However, criminal records from the following places are generally considered expungeable:

1. OSCN.net & ODCR.com;

2. Court Clerks;

3. Police, Sheriff, and other State Law Enforcement Agencies;

4. Oklahoma State Bureau of Investigation;

5. Oklahoma Department of Corrections;

6. Oklahoma Pardon & Parole Board;

7. Oklahoma Bureau of Narcotics Registries;

8. Oklahoma’s Violent Offender Registry;

9. Drivers license revocation appeals arising out of a DUI;

10. Probable cause cases filed prior to a prosecution;

11. Forfeiture and miscellaneous civil cases filed incident to a criminal prosecution;

Subsequent to the completion of a full 18/19 expungement, records from the following places can also be erased or changed:

1. Federal databases that rely on State records;

2. Mugshot websites;

3. Background check companies that deal in criminal records;

Lastly, the following are not generally considered “criminal records”, and so they cannot be expunged at this time:

1. Disciplinary records of the Oklahoma Bar Association (per the Oklahoma Supreme Court);

2. Oklahoma Sex Offender Registry (per DOC, not yet decided by state courts);

3. Motor Vehicle Records (per the Legislature);

4. Tribal Law Enforcement Agencies (these are sub-entities of Native American Tribes, which are quasi-independent nations, and not subject to the laws of the state of Oklahoma).

After an expungement is completed, the expunged records are removed from public view, and eventually destroyed after a 10 year waiting period. Additionally, record-holding agencies will deny the existence of the records, and you are also allowed to deny that a criminal incident ever occurred. Finally, employers, educational institutions, and other statutorily defined entities cannot deny you employment and other opportunities based solely on the expunged criminal records.

Finally, even if you can't erase your records with a full 18/19 expungement as described above, you may still be able to change your record with an expungement: for example, by amending your OSBI records from "Pled Guilty, 5 Year Deferred Sentence" to "Pled Not Guilty, Case Dismissed" through a 991c expungement.

Why should I hire you instead of someone else?

What about “automatic” expungements? My attorney / the prosecutor told me my charge would be automatically expunged, but it’s not.

Updated September, 2024

Previously, there was no such thing in Oklahoma as an automatic expungement. Nothing ever “dropped off” your record, or “stopped showing up once you finish probation”. In order for a record to be removed, it had to be expunged at the Courthouse, in some form or fashion.

Now, Oklahoma is moving very slowly in the direction of automatic expungements. The Legislature recently passed a “Clean Slate” law, which introduced the concept of automatically expunging certain minor cases. However, there are a boatload of important limitations that you should be aware of:

• First, the law doesn’t take effect until November, 2025 - so the process of implementing automatic expungements in Oklahoma won’t start until late next year.

• Second, it is unclear when the system will be finished, because the law dumps responsibility for automatic expungements on OSBI - a state agency that is already overburdened and underfunded. Based on our experience in Oklahoma’s expungement system, it is unlikely that the automatic process will go live until many years after 2025, simply because of the technical difficulty of building the new records database required for automatic expungements. As a point of comparison, e-filing just went live in Oklahoma in 2024, and we’ve been talking about it since (at least) 2010.

• Third, the law applies retroactively, and OSBI’s criminal records go back to (at least) the 1960’s. OSBI will have to clear out a 60+ year backlog of cases, while simultaneously handling new cases that come down the pipe - and again, they are already overburdened and underfunded.

• Fourth, and probably most damning, the entire “Clean Slate” law is legally “subject to the availability of funds”. We hate to be cynical, but it is hard to believe that the Legislature is going to fully fund a program like this, year after year.

• Fifth, the law only applies to records that are complete. If your record shows an arrest, but no disposition (which is the case for 90%+ of OSBI’s records), then it won’t qualify.

• Sixth, the law only applies to misdemeanors and exonerations. Anyone with a felony won’t qualify, and since Oklahoma has such a strong history of turning every crime into a felony - remember that the felony threshold for theft was $50 for several decades - this requirement alone will exclude a huge number of people.

• Seventh, the law only applies to misdemeanors that are “single-source”: so if your criminal record involves other states, federal records, or tribal records, you won’t qualify. Thankfully, exonerations aren’t required to be “single-source”, but they are exceptionally rare - such as where DNA evidence proves you are innocent.

All in all, even though it hurts our bottom line, our office does believe that automatic expungements are the way to go, because it will greatly benefit Oklahoma. Oklahomans with criminal records need good jobs - period. Automatic expungements are a step towards making that happen.

However, it is important to be realistic about what this program can accomplish and how long that will take. Hopefully, the system starts to benefit people prior to the 2030’s - but that might be optimistic. If you’re angling for a promotion or a new job sometime this decade, then call us.

Another attorney handled my expungement, and it was denied. Can I reapply?

Yes. Oklahoma law gives courts the authority to reconsider an expungement that has been previously denied, in a limited set of circumstances. Call our office immediately to see if you qualify for a reapplication.

What about mugshot websites? Can those be expunged?

Mugshot websites are a new and disgusting development in privacy law.

These websites copy public records like mugshots, post them on the internet, and then push them up in the search rankings so that they show up first when people search for your name. Then, they charge you $200-$400 to remove them.

Adding to the frustration, after you have paid to have them removed from one mugshot website, they will be reposted on another affiliate website, which charges another fee for removal. The process continues ad infinitum.

Expungement is the only way that records in Oklahoma can be permanently removed, so that mugshot websites cannot copy them. Give us a call, and speak directly with an attorney today about mugshot removal.

What is the difference between an expungement and a pardon?

An expungement erases or improves criminal records. A pardon restores the civil rights that you lose after a felony conviction - typically 2nd Amendment rights and certain licenses for work.

Even if a person doesn’t immediately qualify for an expungement, they can always qualify to have their record erased after they’ve received a pardon. Read more about getting a pardon.

I’d like to learn more about the specifics of each kind of expungement. What is the difference between an 18/19 and a 991c expungement?

As an example, if a person was arrested by the Oklahoma City Police Dept. for felony Possession, plead "guilty", and completed a 3 year deferred sentence, they would have these criminal records:

• Arrest records with the Police Dept., detailing the arrest itself;

• Court records at the Courthouse, containing the court case documents;

• Court records on OSCN.net / ODCR.com, posting the court records online;

• A background check entry with OSBI, showing: "Possession / Pled Guilty / 3 Year Deferred Sentence"

After a “full” 18/19 expungement was completed, the following would occur:

• Arrest records with the Police Dept. would be sealed from public view;

• Court records at the Courthouse would be sealed from public view;

• Court records at OSCN.net or ODCR.com would be removed;

• The background check entry with OSBI would be removed;

Additionally, if asked about the expunged records, staff at those agencies above would reply that "no record" exists as to the incident. You would also be able to deny that the incident ever occurred; and broadly speaking, employers, educational institutions, state agencies, and other statutorily defined entities would not be able to deny you employment or other opportunities based solely on the expunged records.

In contrast, a “partial” 991c expungement of the same records would have the following effect:

• Arrest records with the Police Dept. would not be sealed;

• Court records at the Courthouse would be sealed from public view;

• Court records at OSCN.net or ODCR.com would also be removed;

• The background check entry with OSBI would remain, but it would be updated to show: “Possession / Pled Not Guilty / Case Dismissed”.

As you can see, the “full” 18/19 expungement has a better result and seals more records - however, it typically requires a longer waiting period: one year on a misdemeanor, and five years on a felony. On the other hand, a “partial” 991c expungement can be completed immediately after the deferred sentence is over, and so it can still be valuable while you are waiting on the “full” 18/19 expungement.

Specifically, who qualifies for a 991c expungement? Who qualifies for an 18/19 expungement?

Qualification for a “partial” 991c expungement is pretty simple: anyone who has served their entire deferred sentence; completed all their probationary conditions (community service, being employed, drug treatment, etc); and paid all fines, costs, and restitution, will qualify. That's it.

Qualification for an “full” 18/19 expungement is more complicated. The entire statute can be found here, but generally speaking you qualify if:

1. You were pardoned by the Governor;

2. You were arrested and no charges were ever filed, or the charges were filed but ultimately dismissed;

3. If the crime was a misdemeanor or traffic ticket, and you had no probation but instead paid only a fine;

4. If you completed a deferred sentence and waited the appropriate number of years after completion - one year for misdemeanors and five years for felonies;

5. If you completed a suspended sentence, or a prison term, and waited the appropriate number of years after completion - five years for both misdemeanors and a single non-violent felony, or ten years for two non-sex offense felonies;

6. If your non-violent felony offense was subsequently reclassified as a misdemeanor by State Question 780.

7. And lastly, if you were able to prove your innocence (acquitted after a trial, conviction reversed on appeal, exonerated by DNA evidence, your identity was stolen, etc.);

There are also several implications of the statutory framework that should be noted, because they aren’t necessarily obvious on the face of the statute:

• If you have more than two felony convictions or if you have any sex offense felony convictions, you have to be pardoned by the Governor to get an expungement. No amount of waiting will help you;

• If you have a violent felony conviction, you either have to be pardoned by the Governor or wait ten years from the completion of your sentence to get an expungement.

• In all cases, being found guilty of any new misdemeanor or felony crimes will “toll” (extend) your expungement qualification date. You have to stay out of trouble to be successfully expunged!