Oklahoma’s Best Juvenile Expungement Attorney

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What is a juvenile expungement and why do I want one?

Why should I hire you instead of someone else?

I was charged as a Youthful Offender or "Y.O." Can I still be expunged?

What if I want to restore my civil rights after a Youthful Offender conviction?

What if I was charged as a juvenile, and not a Youthful Offender? Can I still be expunged?

But I thought my juvenile record was supposed to be confidential?

What is a juvenile expungement and why do I want one?

Expungement for juveniles is much the same as expungement for adults, with the main difference being the qualification criteria. Juvenile expungements can erase records with the juvenile Court Clerk, the Office of Juvenile Affairs (OJA), OSCN.net, ODCR.com, OSBI, the Arresting Agency, the Jailing Agency, and the Dept. of Corrections. They can also allow you to deny that the offense ever occurred.

People generally seek the expungement of juvenile records because the records are still showing up, despite the fact that they are supposed to be confidential. Additionally, juvenile records can impact a person’s ability to serve in the United States Armed Services, and it can negatively impact job applications with the federal government. Finally, the records can also be embarrassing on a personal level.

After a juvenile 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 the juvenile 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.

Why should I hire you instead of someone else?

I was charged as a Youthful Offender or “Y.O.” Can I still be expunged?

Yes. Youthful Offenders (Y.O.) are a special class of juvenile offenders: generally, young adults between the ages of 13-17 who are charged with a "Serious Crime"; or who are otherwise classified as a Youthful Offender by a Judge, at the request of the District Attorney.

Assuming that you pled to a Y.O. Rehabilitation Plan, you can be expunged in the following circumstances:

Immediately after you have completed your rehabilitation plan, you qualify for a partial expungement of your charge (technically speaking, a quasi-991c expungement). This can expunge the records of the Juvenile Court Clerk, and may also be used to update any public OSBI records that may exist, so that they show "Pled Not Guilty, Case Dismissed" instead of their original disposition.

Three years after the completion of your plan, you may go back to the Judge and request that the remainder of your records be expunged. This full (quasi-18/19) expungement can expunge the records of OSBI, the Office of Juvenile Affairs, the Dept. of Corrections, and the Arresting Agency.

Even if you did not plea to a Rehabilitation Plan, you may still be expungeable. Give us a call and we can walk you through the specifics of your case.

What if I want to restore my civil rights after a Youthful Offender conviction?

If you were charged as a Youthful Offender and completed a Rehabilitation Plan, then you are allowed to apply for a "set aside" to restore your civil rights, including the right to own a firearm and to receive a work license. The specific requirements for a Y.O. set aside are as follows:

• First, you "reasonably complied" with your rehabilitation plan;

• Second, you were discharged from supervision by the Office of Juvenile Affairs (OJA);

• Third, you completed your sentence and have not received any subsequent convictions.

What if I was charged as a juvenile, and not a Youthful Offender? Can I still be expunged?

If you were charged as a juvenile, and not as a youthful offender or as an adult, you are still expungeable in the following circumstances:

• Where a juvenile case was filed against you, but the case was dismissed, and a year has passed since the dismissal;

• Where a juvenile case was filed against you, but you have discharged your voluntary OJA supervision, and a year has passed since the discharge;

• Where a juvenile court intake was completed, and a year has passed from any of the following: (1) the case was dismissed, (2) or where no petition was filed because of voluntary probation, (3) or where no adjudication occurred because of voluntary probation;

• Where you have completed a court-approved alternative diversion program or a deferred sentence;

• Where you have completed a court-approved military mentor program;

For C, D, & E, you must wait until either 1 year has passed from the triggering event, or when the Juvenile has turned 18.

But I thought my juvenile record was supposed to be confidential?

This is the source of much confusion. Generally, people assume that if they committed an offense when they were under 18, their records should be confidential. However, unless you were charged as a juvenile offender and completed a confidential probationary program, or received some type of expungement, it is likely that you will still have a public record.

This is especially true if you were charged as an Adult, or if you were charged as a Youthful Offender. Furthermore, even if you committed the offense when you were under 18, law enforcement may not properly note that your arrest is confidential. Or, you may be arrested when you are under 18, charged as a juvenile, and then arrested again (for a probation violation or similar) when you are over 18 - the arrest that occurred when you are over 18 creates a public record of an adult arrest, despite the fact that it originates out of a juvenile case.

If you are concerned about the privacy impacts of a public juvenile record, then the simple answer is to have them expunged. Not only are you authorized to lawfully deny that the juvenile incident ever occurred, but you are also protected by statute if there is a disclosure.