In Oklahoma the court has the power to order that a criminal record or an arrest record be removed from public viewing. After a record is expunged it is marked as non-existent and cannot leave an individual subject to its past consequences. The record cannot be used for any public purpose other than in the terms of impeachment and false character proceedings. Expunged records do not exactly disappear. They instead are deleted from the clerk's office of the court and are not longer in the main filing area. This includes deletion of the individual's name on the docket sheet, removal of the public charging files, and indexing the forms into confidential files. All records in accordance with any arresting files will no longer be accessible on any Internet databases or through the courthouse computer system. When searched, the individual's name will not divulge any of the expunged material but may bring up information in regards to the case. If all payments have been made, the individual's name will only appear as payment provider.
Oklahoma Records for Expungement
The State Bureau of Investigation in Oklahoma does not eliminate the records once expunged. The arrest records will remain intact in the criminal history file. Arrest dispositions also will remain in the Oklahoma State Bureau of Investigation. This information cannot be fully accessed by the public but rather different aspects of the arrest record and the disposition are possible. A plea of guilty to a charge of larceny can be changed to a plea of not guilty and case dismissal. For all information in the State Bureau of Investigation to be expunged, a petition must be filed through Section 22 of Oklahoma law eighteen and nineteen.
Oklahoma Expungement Eligibility
Oklahoma only allows the expungement of certain records and has set specific stipulations for doing so. Pleas of no contest and pleas of guilty can be eligible for expunction after the sentence has been deferred. Those who have been convicted of felony offenses are not eligible for expungement under Section 22, with the exception of a court waiver of prohibition. Those who plead nolo contendere or guilty to sexual offenses and are required to register as sex offenders are also ineligible for record expungement in Oklahoma.
Expungement is also possible for those who have been acquitted; had his or her conviction reversed to later be dismissed through an appellate court; had factual innocence proven through DNA; fully pardoned by the Governor; had charges dismissed after one year or on merits; had the statute of limitations expire with no charges filed; had a full pardon received due to being under the age of eighteen at the crime's occurrence; been convicted of a misdemeanor offense without any further offenses after ten years; been convicted of a felony deemed nonviolent and received a full pardon after ten years of no subsequent charges; or been arrest through a search warrant but was later released. Most juvenile records are eligible for expungement once the individual is over the age of twenty-one. See also:
Oklahoma Arrest Warrants External link (opens in new window)
Oklahoma Misdemeanor External link (opens in new window)
Oklahoma Felony External link (opens in new window)