Expungements can remove or “seal” past offenses on your criminal record if you are eligible. Having a past charge or conviction available for the public eye can impose a multitude of burdens in your life when it comes to looking for a job, buying or renting a house, or simply keeping the reputation you need. People often want to know if their conviction is eligible for expungement as Oklahoma law does restrict certain crimes from expungement. Therefore, this article will clarify which offenses are eligible for expungement and to seal your criminal record.
Non-violent Felonies may be Expunged from Your Criminal Record
Expungement is an option for non-violent offenses in Tulsa. Due to recent changes in Oklahoma law, the waiting time for eligibility to get a non-violent felony charge expungement is five (5) years. This is after completion of a deferred judgment or delayed sentence. To easiest way to describe a non-violent felony is basically any crime that is not “violent”. Oklahoma law considers the following as violent crimes:
- Assault and battery with a deadly weapon; assault and battery on an officer of the law; assault and battery with intent to kill; assault with a dangerous weapon while masked or disguised; aggravated assault and battery upon any person defending another person from assault and battery;
- Murder in the first or second degree; manslaughter in the first or second degree;
- Shooting with the intent to kill; poisoning with the intent to kill; maiming
- Rape in the first or second degree; rape by instrumentation; forcible sodomy;
- Robbery in the first or second degree; armed robbery; robbery with a dangerous weapon or imitation firearm;
- Burglary in the first degree or with explosives;
- Kidnapping; kidnapping for extortion; extortion; obtaining signature by extortion;
- Child abuse; child pornography or aggravated child pornography; child prostitution; lewd or indecent acts with a child under the age of sixteen (16);
- Abuse of a vulnerable adult who is a resident of a nursing facility; mistreatment of a mental patient; and
- Rioting; inciting to riot.
Expungement Process in Wagoner County
To expunge a non-violent criminal offense in Wagoner County, an individual must first meet Oklahoma’s eligibility criteria for expungement. This may include factors like the nature of the offense, the completion of any sentencing requirements, and the passage the period of time of five (5) years since the conviction or arrest. The process begins with filing a petition for expungement in the Wagoner County District Court. This must include detailed information about the offense, the case, and the reasons for seeking expungement. The petitioner may need to notify relevant agencies involved in the case, such as law enforcement, the district attorney’s office, and any other entities that hold records of the offense. The court schedules a hearing date, where the judge will consider the petition and any objections from these agencies.
If the judge grants the expungement, the records of the offense will be sealed, making them inaccessible to the general public. Thus, this provides the individual with a fresh start, free from the burden of a past non-violent criminal record.
For more information see our Wagoner County Law Blog.
Wagoner County Expungement Attorneys
If you want to seal your non-violent criminal record through expungement, having a lawyer with experience expunging criminal records is imperative. Our Wagoner County Expungement Attorneys can help you start over. Don’t let a past mistake keep you from a better future for yourself. Additionally, we have the tools and knowledge to make the process easy and pain free for you. Your first consultation with us at Wagoner County Attorneys is free, just call 918-283-7394. If you have a quick legal question, try our Ask A Lawyer page today.
