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CRIMINAL RECORD EXPUNGEMENT
Oklahoma Records ExpunctionIn some situations, someone with a criminal record may have the "conviction" expunged or erased from the client's file. There are only limited circumstances when a State of Oklahoma "arrest" record can be "expunged" (or "cleared"). In other jurisdictions, this is known as an "expunction." One of Bob Wyatt's responsibilities while at the OSBI was to examine the merits of expungement, and since entering into private practice in 1989 he has represented many clients in clearing their criminal records.
There are generally six types of expungements.
(1) DEFERRED SENTENCES: One type is developed for those who have been arrested and pled guilty but the judge deferred sentencing. In that situation, the client is on probation. If the client successfully completes probation, the court will allow the client to withdraw the plea and will expunge the plea from the record. To be eligible, the client must have received a deferred sentence and successfully completed the terms and conditions of probation (including paying court costs and fines and completing community service if any of these conditions are imposed).
This type of expungement generally takes between 10 and 60 days.
(2) OTHER SITUATIONS: The second type of expungement is better for the client, but there are very narrow categories of clients who are eligible and some circumstances require a pardon. This type of expungement might take 90 days to achieve depending on the situation.
Acquitted at Trial: If you were charged but found "not guilty" at trial, then you are eligible for expungement.
Convicted but Reversed on Appeal: If you were convicted but the conviction was reversed on appeal and charges were later dismissed, then you are eligible.
Factually Innocent: If you can prove through DNA that you are innocent, you are eligible.
Charges Dismissed within 1 Year: If you were arrested but the charges were dismissed (and no other charges filed for this arrest) within one year of the original arrest, you are eligible.
Statute of Limitations Expired: You were arrested, but the statute of limitations expired or no charges were filed.
Under 18 When Convicted: If you were under 18 at the time of the offense and you have been pardoned, then you are eligible.
Misdemeanors: The offense was a misdemeanor, the client has not been convicted of any other misdemeanor or felony, no felony or misdemeanor charges are now pending, and at least ten years have passed since the judgment was entered.
Non-Violent Felony Conviction: If the offense was a non-violent crime as defined in Title 57, Section 571, of the Oklahoma Statutes, the client has received a full pardon (click for link to Oklahoma Pardon & Parole Board), the client has not been convicted of any other misdemeanor or felony, no felon or misdemeanor charges are now pending, and at least ten years have passed since the conviction, you are eligible. For a list of what is considered a "violent" crime NOT subject to expungement, see below.
Identity Theft or Mistaken Identity: If someone used your name and was convicted, and we can show that you are not the person convicted, then you may be eligible.
(3) MUNICIPAL CRIMES OR VIOLATIONS: Certain "city" or municipal court findings may be expunged under the Oklahoma Code.
(4) JUVENILE CRIMES: Certain juvenile or "youthful offender" findings are subject to expungement.
(5) AFTER APPEAL: Under certain circumstances, the Supreme Court of Oklahoma allows an expungement of the "civil records" after an appeal of an expungement order.
(6) FEDERAL CRIMES: Note that the federal law generally does not provide for expungement relief when the client is convicted of a federal crime. There are very limited exceptions depending on which Circuit court law applies.
(7) OKLAHOMA PARDON & PAROLE BOARD: For expungement of a conviction for a non-violent felony (see above), the client must receive a full pardon from the Governor. To see the requirements for a pardon, click on the link to the Oklahoma Pardon & Parole Board web page.
(8) Pardon by the President. This is generally limited to pardons of federal or military crimes. You can read more at the DOJ Pardon Attorney website.
LIST OF VIOLENT CRIMES, WHICH ARE NOT ELIGIBLE FOR SECTION 18 EXPUNGEMENT, BUT MIGHT BE ELIGIBLE FOR SECTION 991c EXPUNGEMENT
Nonviolent offense" means any felony offense except the following, or any attempts to commit or conspiracy or solicitation to commit the following crimes:
1. Assault, Battery, or Assault and Battery with a Dangerous Weapon;
2. Aggravated Assault and Battery on a Police Officer, Sheriff, Highway Patrolman, or Any Other Officer of the Law;
3. Poisoning with Intent to Kill;
4. Shooting with Intent to Kill;
5. Assault with Intent to Kill;
6. Assault with Intent to Commit a Felony;
7. Assaults While Masked or Disguised;
8. Murder in the First Degree;
9. Murder in the Second Degree;
10. Manslaughter in the First Degree;
11. Manslaughter in the Second Degree;
12. Kidnapping;
13. Burglary in the First Degree;
14. Burglary with Explosives;
15. Kidnapping for Extortion;
16. Maiming;
17. Robbery;
18. Robbery in the First Degree;
19. Robbery in the Second Degree;
20. Armed Robbery;
21. Robbery by Two (2) or More Persons;
22. Robbery with Dangerous Weapon or Imitation Firearm;
23. Child Beating;
24. Wiring Any Equipment, Vehicle or Structure with Explosives;
25. Forcible Sodomy;
26. Rape in the First Degree;
27. Rape in the Second Degree;
28. Rape by Instrumentation;
29. Lewd or Indecent Proposition or Lewd or Indecent Act with a Child;
30. Use of a Firearm or Offensive Weapon to Commit or Attempt to Commit a Felony;
31. Pointing Firearms;
32. Rioting;
33. Inciting to Riot;
34. Arson in the First Degree;
35. Injuring or Burning Public Buildings;
36. Sabotage;
37. Criminal Syndicalism;
38. Extortion;
39. Obtaining Signature by Extortion;
40. Seizure of a Bus, Discharging Firearm or Hurling Missile at Bus; or
41. Mistreatment of a Mental Patient.
INFORMATION NEEDED BY WYATT LAW OFFICE
To determine if your record can be expunged, we need to know:
(1) The county where the charges were filed.
(2) The year and case number if possible.
(3) The type of sentence you received (for example: time to serve, a suspended sentence or a deferred sentence, or a split sentence with prison and probation).
(4) Ideally, we would like a copy of your OSBI Criminal Record Check, which is available at 6600 N. Harvey, Building No. 6, Oklahoma City -- which is one block west of Broadway Extension at NW 63rd Street. Or you can order at copy at the OSBI web page.
(5) Not everyone is eligible, so call or write for more information. Sometimes when it appears that you are not eligible, you are. There is no loss to you to see if you are eligible.
SUBMIT YOUR QUESTIONS OR INQUIRIES TO THE WYATT LAW OFFICE
Call to see if you qualify for expunging your criminal record or E-mail your question to webmaster@wyattlaw.com
with the requested information identified above in paragraphs 1 - 3 above and also provide your name, address, E-mail address and phone number. We will attempt to respond within 24 hours.
Office Locations
The Wyatt Law Office is located in the State's capital of Oklahoma City, which is situated in the middle of the state. Wyatt's office is just two blocks from the federal courthouse and four blocks from the Oklahoma County courthouse. We are less than 10 minutes from the State's appellate courts which are housed in the State Capitol complex. For federal criminal matters outside of Oklahoma, Oklahoma City offers easy connections to most major cities and both coasts from the Will Rogers World Airport. We also have good relations with lawyers statewide so that we can work in almost any venue in Oklahoma.
Mr. Wyatt is licensed in all of Oklahoma's federal courts including U.S. District Court Western District of Oklahoma (Oklahoma City), U.S. District Court Northern District of Oklahoma (Tulsa), and U.S. District Court Eastern District of Oklahoma (Muskogee).
Some of the cities served by the Wyatt Law Office in Oklahoma include: Ada, Altus, Alva, Anadarko, Antlers, Arapaho, Ardmore, Arnett, Atoka, Bartlesville, Beaver, Blackwell, Boise City, Broken Arrow, Buffalo, Chandler, Checotah, Cherokee, Cheyenne, Chickasha, Choctaw, Claremore, Clinton, Coalgate, Cordell, Duncan, Durant, Edmond, El Reno, Elk City, Enid, Eufaula, Fairview, Frederick, Ft. Sill, Guthrie, Guymon, Hobart, Holdenville, Hollis, Hugo, Idabel, Jay, Kingfisher, Lawton, Madill, Mangum, Marietta, McAlester, Medford, Miami, Midwest City, Moore, Muskogee, Mustang, Newcastle, Newkirk, Nichols Hills, Norman (University of Oklahoma), Nowata, Okemah, Oklahoma City, Okmulgee, Pauls Valley, Pawhuska, Pawnee, Perry, Ponca City, Poteau, Pryor, Purcell, Sallisaw, Sapulpa, Sayre, Seminole, Shawnee, Stigler, Stillwater (Oklahoma State University), Stillwell, Sulphur, Tahlequah, Taloga, Thackerville, The Village, Tinker AFB (Air Force Base), Tishomingo, Tulsa, Vance AFB, Vinita, Wagoner, Walters, Warner, Warr Acres, Watonga, Waurika, Weatherford, Wewoka, Wilburton, Woodward, and Yukon.
The Wyatt Law Office will travel to any of Oklahoma’s 77 counties on behalf of a client, which include: Adair County, Alfalfa County, Atoka County, Beaver County, Beckham County, Blaine County, Bryan County, Caddo County, Canadian County, Carter County, Cherokee County, Choctaw County, Cimarron County, Cleveland County, Coal County, Comanche County, Cotton County, Craig County, Creek County, Custer County, Delaware County, Dewey County, Ellis County, Garfield County, Garvin County, Grady County, Grant County, Greer County, Harmon County, Harper County, Haskell County, Hughes County, Jackson County, Jefferson County, Johnston County, Kay County, Kingfisher County, Kiowa County, Latimer County, LeFlore County, Lincoln County, Logan County, Love County, Major County, Marshall County, May County, McCain County, McCurtain County, McIntosh County, Murray County, Muskogee, County, Noble County, Nowata County, Okfuskee County, Oklahoma County, Okmulgee County, Osage County, Ottawa County, Pawnee County, Payne County, Pittsburg County, Pontotoc County, Pottawatomie County, Pushmataha County, Roger Mills County, Rogers County, Seminole County, Sequoyah County, Stephens County, Texas County, Tillman County, Tulsa County, Wagoner County, Washington County, Washita County, Woods County, and Woodward County.