If you have been convicted of a crime, you probably assume that your record will maintain that conviction for the rest of your life. In most cases, this is true. In certain cases, however, you may be able to have your record expunged. This means that you would have no record of your conviction.
This can be life-changing if you have a serious conviction on your record. At Josh Lee & Associates, our Oklahoma City post-conviction lawyers can help you get your record expunged. Contact our office today to have all your questions answered and learn how we can help you get that conviction off your record.
Why Choose Josh Lee & Associates?
We know you have options when it comes to choosing an attorney to assist you through the expungement process. Josh Lee & Associates also know how life-changing being granted an expungement can be, so it is crucial that you choose an attorney who knows what it takes to make that happen.
Our founding attorney, Joshua A. Lee, has over 20 years of experience and has spent his entire career in criminal defense. When you choose our firm, you will always get direct access to your attorney, and they will give you the personal attention you deserve. Our Oklahoma City criminal defense lawyers pride ourselves in getting to know our clients and developing a unique strategy that will help them get the results they desire. We leave no detail untouched, and our team will be there with you every step of the way. Reach out today for your free consultation and detailed case analysis so that we can begin working to help you get that conviction off your record.
Get The Relief You Deserve
Our founder has dedicated his practice to criminal defense. Expungement is a critical part of that process. You deserve a fresh start, and although a criminal record would still be accessible to law enforcement, it would not show up in your background check. Furthermore, you would not have to disclose it on a job or rental application. An expungement can be an incredible aid in getting back on your feet.
From DUI charge expungement to felony expungement, you can get most types of charges expunged. If you decide to pursue expungement, you should be aware that while it entails mainly paperwork, it would be to your advantage to retain an attorney. There are multiple deadlines to keep and forms to fill out. As an experienced Oklahoma City expungement lawyer, Attorney Lee can help you with this easily.
Basic Overview Of The Expungement Process
If you believe you qualify for an expungement, the process starts by filing a Petition for Expungement with the Oklahoma State Bureau of Investigation (OSBI). We will discuss in more detail in the next section the types of convictions that qualify for expungement. It is crucial that the petition contains all the pertinent information about your case, such as the charges, the date of your arrest, and the outcome of the case. This is where an experienced attorney can help you ensure that all the paperwork is completed correctly to give you the highest chances of success.
Once your petition is received, OSBI will schedule a hearing for your request. This hearing takes place in front of a judge and is typically held about 30 days from the time your petition is filed. The judge will listen to the details of your request as well as testimony from any other interested parties who attend the hearing. The judge will make a decision on whether to approve your expungement request.
If approved, you can expect that your conviction will be removed from your record or hidden from public view in about a month. Remember that an expungement only removes records from your state criminal history. If you have a record in a federal criminal database, that record will still exist there. Having an attorney on your side who knows the details of this process is crucial to getting your desired outcome.
When Do You Qualify For An Expungement?
First, you should know that only convictions for non-violent crimes qualify for expungement in Oklahoma. If you were convicted of a violent crime, you will not be eligible to have the conviction expunged, no matter how long it has been since the conviction occurred. Similarly, civil actions, such as bankruptcy, personal injury cases, evictions, and others cannot be removed from your record. The expungement process applies only to your criminal record.
There are three basic criteria that must be met to qualify for an expungement. Those are as follows:
- Your conviction was for a non-violent crime
- You have no currently pending charges
- All court fees and fines have been paid
If you meet the criteria above, then a deeper look into your previous charges is required. Misdemeanors are the easiest to expunge. If you were convicted of a misdemeanor and given a deferred sentence, you can expunge your record one year after completing the sentence. If you received a suspended sentence or jail time for the misdemeanor, you are entitled to an expungement 5 years after completing your sentence.
For felonies, the waiting period can be a little longer. Remember that the crime must have been a non-violent crime and you must not be listed on the sex offender registry. If this is the only felony on your record, you are eligible for an expungement 5 years from the completion of your sentence (as long as you have no misdemeanors on your record in the previous 7 years). If you have a prior felony on your record, you will have to wait 10 years from the completion of your sentence before you can request an expungement (Okla. Stat. tit. 22 § 18).
Benefits Of Getting An Expungement
There are numerous benefits to getting a conviction expunged from your record. The conviction will not show up on many types of background checks and other forms of your criminal record. This provides benefits such as the following:
- Qualify for more employment opportunities
- Qualify for certain housing programs
- Get access to public assistance programs
- Be allowed to participate in more activities that require a background check
Even though there are many benefits to an expungement, there are some things that an expungement will not erase. If you lost certain rights due to your conviction, those rights will not be restored after an expungement. For example, if you lost voting rights or gun ownership rights, you will not regain those rights after your expungement is complete.
Who Can Expunge Their Record?
Expungement is not available to everyone, but there are many people who qualify under the official statute. Whether you were charged but never convicted, or you completed your sentence years ago, you may be eligible to clear your record. Knowing your status starts with understanding how your case ended and how much time has passed.
Expungement After Dismissal or Acquittal
If your case was dismissed, dropped, or you were found not guilty, you may qualify for expungement right away. These situations often allow for faster relief because there was no conviction.
You may still have an arrest record or court documents that show up on background checks, even if the case never moved forward. This is what expungement is for. It allows you to seal those records and move on without having to explain a charge that never resulted in a guilty verdict.
Expungement After Conviction and Sentence Completion
If you were convicted of a misdemeanor or non-violent felony, you may still qualify after meeting certain time requirements. For some misdemeanors, expungement is possible one year after you complete a deferred sentence, or five years after a suspended sentence or jail time.
Non-violent felonies have longer wait times but are still eligible in many cases. As long as you have no pending charges, have paid all court costs, and have met the required waiting period laid out under Oklahoma law, you may be able to move forward. Our team helps you figure out exactly where you stand and what steps to take next.
What Is the Difference Between an 18/19 and a 991c Expungement?
If you are looking into clearing your record, you have probably heard about 991c and 18/19 expungements. Both can help you move forward, but they work in different ways and come with different levels of relief. Knowing which one fits your situation can save you time, money, and frustration.
991c Expungement
A 991c expungement is usually available after you complete a deferred sentence. It updates your record to show that the case was dismissed and removes the plea from public view. That can make a big difference when it comes to job applications or rental screenings.
But it does not erase everything. Law enforcement, licensing agencies, and some government employers will still be able to see the charge. It is a solid option if you need some relief and do not qualify for a full expungement yet.
18/19 Expungement
An 18/19 expungement goes further. It can wipe out arrest records, court documents, and OSBI entries so that your case no longer appears in most background checks. If you were acquitted, your charges were dropped, or you meet the eligibility after a conviction, this may be available to you under Oklahoma Statutes Title 22 § 18 and 22 § 19.
This is the most complete form of expungement you can get in Oklahoma, and for many people, it feels like finally getting their life back.
Who Qualifies for an 18/19 Expungement?
Eligibility depends on how your case ended, what kind of charges were involved, and your overall criminal history. For example, if your case was dismissed, you were found not guilty, or you successfully completed a deferred sentence, you may qualify. Even some convictions may be eligible if enough time has passed and other criteria are met.
Average Cost Of An Expungement
You might be wondering how much it will cost to have your record expunged. The cost varies depending on the specific charges associated with your conviction as well as your prior criminal history. On average, it can cost anywhere from $1,500 to $3,000 to complete the expungement process. There is a $150 filing fee required to submit your Petition for Expungement, and the court fees in most cases will cost you about $200. There could be additional fees to other agencies if their participation or signoff is required.
Finally, it is recommended that you hire an experienced attorney who can help you through the expungement process. Their fee can range anywhere from $1,000 for a simple expungement to more than $5,000 for complex expungements where prior felony convictions are involved. The team at Josh Lee & Associates can help you understand exactly what will be required for your expungement and work to keep your costs at a minimum while still getting you the outcome you desire.
Call Our Oklahoma City Expungement Attorney for a Free Case Review
A criminal record does not have to be the end. You can have a fresh start with an expungement. To discuss your case with our lawyers and take the first step to expunge your criminal record, call us at (405) 759-5529. Our office is conveniently located in Oklahoma City. You may also reach out through our online contact form, and we will respond as soon as possible.
