An expungement is the sealing of a record. In Oklahoma, a person may have several types of records relevant to expungements. Driving records, arrest records, court records, DOC records, etc. and there is not one master “record” that contains all of the events of a person’s life. Different types of records have different rules and eligibility requirements for an expungement.
There are three types of expungements a person can qualify for in Oklahoma:
- Expungement of a Protective Order – When a person files for a protective order, the defendant must defend him/herself even if the allegations are false. If a defendant does not hire a competent lawyer, the judge may enter a final protective order against the defendant. Not only does this look terrible when that person’s name is searched on http://www.oscn.net/v4/, but it also prohibits that person from ever owning a firearm again.
- Expungement After Successfully Completing a Deferred Sentence – A person who successfully completes a deferred sentence is eligible to have their Court File expunged. This substantially limits the public’s ability to view a court record since the file should be sealed and a court order should be required to unseal it.
- Arrest Record Expungement – The best choice after an arrest is to have the arrest record expunged. Even if you have your court file sealed following the successful completion of a deferred sentence, the arrest record may still be accessible through the Oklahoma State Bureau of Investigations. Anyone who fills out an arrest record form could access the record if it is not expunged. Here is a link to the OSBI arrest record form – https://www.ok.gov/osbi/documents/OSBI CRIMINAL HISTORY REQUEST FORM (AUGUST 2009).pdf
In Oklahoma, a pardon is an act by the Oklahoma Governor of forgiving a person’s Oklahoma conviction. If a person was convicted of a felony, they are prohibited from owning/possessing/living in a house with a firearm, voting and other valuable rights. Once a pardon is obtained, the person should get an expungement to restore their rights and seal as many records as possible associated with their conviction(s).
If you have a question about an expungement or a pardon, contact The Khalaf Law Firm and we can determine if you qualify.