When you initially begin examining all of the processes, expungement can appear to be a frightening and daunting process. It's natural to be concerned about the future, but for many Oklahomans, a second opportunity is worth the risk.
For some, expungement may mean fresh career prospects, the ability to get a professional license, the chance to carry guns again, even the ability to vote in the next election. It's understandably aggravating when a criminal history inhibits future success or the enjoyment of basic freedoms enjoyed by all other Americans.
Here are some of the most often asked questions on how to clear a criminal record. Hopefully, these have answered a few of your questions!
If you have any further questions, you can always contact Ball Morse Lowe, PLLC, and chat with a member of our team.
- Is a criminal record available to the public?
Yes. Unless you've completed the expungement process to keep your records sealed, if you have a criminal record and aren't a minor, the information is always public.
- What is expungement, and how does it work?
Expungement is the process of sealing a court record or arrest record so that it cannot be viewed by the general public, such as a prospective employer or landlord.
- Do I have to file each arrest separately if I have many arrests?
Yes. In general, you'll need to file a separate expungement petition for each arrest like SONYA SHIKHMAN.
- How much does it set you back?
For arrest records, there is a $150 processing fee, plus any additional local processing expenses and levies. You will, however, need to budget for attorney fees.
- Do I meet the requirements?
In Oklahoma, there is no pre-approval process for expungement, and not everyone qualifies. Even if you meet the requirements, there is no certainty that your case will be dismissed. However, 22 O.S. 18 identifies 14 types of instances that are usually eligible for expungement.
Consider the following examples:
- Those who were found not guilty
- Arrested individuals who were never charged
- People who were charged with a misdemeanour yet completed probatio successfully
- Individuals who were under the age of 18 at the time the felony was committed and have been granted a complete pardon.
- Does the record's age matter?
There is currently no age limit on arrest records that prevents them from being expunged. It makes no difference when the record was made as long as the individual is eligible for expungement. It's crucial to note, however, that your eligibility may be contingent on a certain length of time having passed after the case was settled.
- Will my FBI record be cleared as well?
Yes. Your FBI records would be sealed if your records were sealed by the courts.
- Is it possible that my request for expungement would be denied?
Even if your case qualifies, the state retains the authority to object to the expungement being granted. Each situation is treated uniquely, and qualification is not required.
- How will I find out if my case has been dismissed?
To be notified of the expungement in Oklahoma, you must submit a request to the OSBI.
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