Expungements allow you to seal your court record or arrest record. This prevents the public from having access to the information.
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Criminal History Record Expungement
A Section 18 expungement allows a person to expunge their entire arrest record. A Section 991(c) expungement allows a person who received a deferred sentence to expunge their plea, and have the disposition of their case updated to show the case has been dismissed. The disposition will say, “pled not guilty, case dismissed”. However, a 991(c) expungement will not expunge (remove) the arrest record.
Expunging your court record is free. Expunging your arrest record requires paying a $150 processing fee. It may also require fees be paid to local law enforcement agencies expunging their records. The OSBI accepts cashier’s checks or money orders. Personal checks WILL NOT be accepted.
There are specific paperwork, notice, and legal requirements necessary in order to successfully petition for an expungement of your arrest records. The OSBI strongly suggests you get a lawyer to advise you of the proper actions to take. If you decide to represent yourself, the court will hold you to the same standards for knowing and following the applicable law as it would an attorney.
Anyone qualified under the applicable statute can file the paperwork necessary to begin the expungement process.
When you send the OSBI your Petition for Expungement or an Order of Dismissal and/or Expungement you should include the following information in order to successfully complete your expungement: The OSBI needs to know your name, social security number, date of birth, the crimes that you were charged with, the date of your arrest, and the disposition (end result) of your arrest and/or charges in court.
Multiple arrests in the same county can be filed for in one petition, however, a separate petition must be filed for each county where a person has records they want expunged.
After receiving a certified copy of the order, expungement of court records can take about one month after the OSBI receives the order, expungement of arrest records usually takes a similar amount of time after receipt of the order and the required fee.
The OSBI cannot pre-approve someone for expungement. However, the statutory categories for people who are eligible for expungement are listed in Title 22 of the Oklahoma Statutes, in section 18(A). View the Expungement pamphlet.
No. If a person is eligible for expungement, the age of the record will not disqualify them.
Yes. Even if a person qualifies for expungement, the State can object to an expungement being granted.
No. Your record can be checked by sending in a request to the OSBI.
No. Expungements do not allow destruction of physical records. Additionally, identifying information, including fingerprints may still be maintained by the OSBI by law. Such identifying information, however, will not reference or be attached to the sealed arrest information.
Upon receiving an 18/19 expungement, a person can say that, “no such action has ever occurred” and does not need to include it on their Self-Defense Act application.