We often get questions about how to get an expungement after a trial. Even if the court acquitted you, dismissed your case, or you successfully completed a deferred sentence, your case record can continue to follow you long after the trial ends. Fortunately, Oklahoma law allows for expungement in many circumstances, offering individuals a chance to move forward with a clean slate. If you’re looking to rebuild your reputation, understanding how expungement works is the first step.
What Is Expungement?
Expungement is a legal process that seals your criminal record from public view. Once granted, your arrest, court records, and trial outcome become inaccessible to the general public—including employers, landlords, and most background checks.
Although expungement doesn’t erase the past in a literal sense, it gives you the legal right to say that you have not been arrested or charged in most situations. This can be a powerful tool in restoring your reputation, securing employment, or accessing housing and education opportunities.
Who Qualifies for Expungement After a Trial?
In Wagoner County, expungement eligibility depends on the outcome of the case and the type of offense charged. Some common scenarios where expungement may be available include:
- Acquittal: If a jury found you not guilty, you may be eligible for full expungement immediately.
- Dismissal: If the court dismissed your case you may qualify for expungement, sometimes after a waiting period.
- Deferred Sentence: If you receive a deferred sentence and successfully complete probation with no violations, you may be eligible once the deferral period ends and the case is dismissed.
- Conviction: If the court convicted you, you may still qualify for expungement depending on the nature of the offense, how much time has passed, and whether you have any subsequent convictions.
Oklahoma law allows expungement of some non-violent felonies after a waiting period, but places more limitations on felony expungements overall.
The Expungement Process in Wagoner County
Filing for expungement in Wagoner County involves several steps:
- Petition for Expungement: You must file a petition in the Wagoner County District Court, stating your eligibility under Oklahoma statutes.
- Notice to Agencies: The petition must be served on multiple parties, including the District Attorney’s Office, the Oklahoma State Bureau of Investigation (OSBI), and any law enforcement agency involved in the arrest.
- Hearing: In most cases, the court sets a hearing date. At the hearing, a judge will consider arguments from both sides and determine whether to grant the expungement.
- Court Order: If the judge approves the expungement, the court issues an order requiring agencies to seal your records.
Working with an expungement attorney can help ensure you meet all procedural requirements and improve your chances of success.
Take the First Step Toward Clearing Your Record
If you’ve gone through a trial in Wagoner County and want to know whether you’re eligible for expungement, now is the time to act. Our expungement team is ready to protect your rights and fight for your future. Call the Kania Law – Wagoner Attorneys at 918-283-7394 for a free consultation. Or you can follow this link to ask a free online legal question. — Let us help you.