If you have been arrested, charged, or convicted of a crime, Oklahoma’s expungement laws might help provide a path to sealing those records and making it as if they never happened.
What exactly is an expungement?
An expungement seals records from public view and, in some cases, makes it so that criminal justice agencies and the individual can legally claim the expunged actions never existed. However, an expungement does not vacate convictions—it just seals records. For example, expunged convictions can still be used for in subsequent criminal prosecutions to prove the existence of a prior conviction.
However, one of the most problematic misconceptions with expungements is thinking that it restores gun rights after a felony conviction. Beyond a vacation of the conviction, the only way for an Oklahoman convicted of a felony to get their gun rights back is through a pardon by the Governor.
The most common form of expungement occurs when someone successfully completes a deferred sentence. Once the court determines that all conditions of the deferred sentence have been met, Oklahoma law requires that the verdict or plea be expunged.
What happens if there wasn’t a deferred sentence involved? The law gives options covering all sorts of circumstances—from simply being arrested to sometimes even having up to two felony convictions. Additionally, certain nonviolent felony offenses that were subsequently reclassified as a misdemeanor are eligible for expungement. A good example of this type of situation is a felony conviction for drug possession that would now be charged as misdemeanor simple possession.
You should consider expunging these criminal records as it offers several potential benefits:
- Employment Opportunities: A clean criminal record can significantly improve your chances of finding employment. Many employers conduct background checks, and having a criminal record might make it difficult to secure a job or advance in your career. With a successful expungement, the law specifically allows you to state that no such action has ever occurred.
- Housing Opportunities: Landlords and property management companies often perform background checks on prospective tenants. A criminal record can make it challenging to rent a place to live. Expunging your record can help you secure housing more easily.
- Education and Professional Licensing: Some educational institutions and professional licensing boards may deny admission or licenses to individuals with criminal records. Expunging your record can help you pursue educational opportunities and certain professions that might otherwise be off-limits. Again, the law permits you to state that no such action has ever occurred if you successfully expunge your records.
- Social Stigma: Having a criminal record can lead to social stigma and discrimination. People may judge you based solely on your past mistakes, affecting your relationships and overall well-being. Expunging your record can help you move past these negative perceptions.
- Personal and Family Life: A criminal record can complicate personal and family matters, including all types of disputes. Expunging your record can improve your standing in such situations.
- Peace of Mind: Having your criminal record expunged can provide emotional relief and a sense of closure. It allows you to distance yourself from past mistakes and start anew with a clean slate.
- Community Reintegration: For individuals who have already served their sentences and want to reintegrate into society, expunging their records can be a crucial step. It helps them leave their past behind and become productive members of their communities.
Everyone makes mistakes. Let Haven Law Group help you make it as if they never happened. Contact us for a consultation to see if you qualify for an expungement.