How Do I Remove Dismissed Charges From My Record in Oklahoma?
Have you ever found yourself in a situation where you were charged with a misdemeanor or felony, and granted a deferred sentence? If so, the Oklahoma 911(c) law offers some cases/individuals the opportunity to pursue a partial expungement of their records once the probationary period is over. In simple terms, this means you have the opportunity to alter how your criminal record appears in the public eye until you can eventually remove it entirely. This is extremely helpful when you're in need of applying for a new job, a new residence, or any situation that requires a background check.
We understand that misdemeanors and felonies happen. At Beverly Atteberry Law in Tulsa Oklahoma, we want to help you move forward. With our extensive expertise, we can facilitate the partial removal and modification of public records once your deferred charges are in the past. To learn more about your options for partial expungements in Oklahoma, continue reading.
What is a partial expungement?
A partial expungement comes into play when you've been charged with a crime but have received a deferred sentence. In essence, a deferred sentence means that your sentencing was postponed, and instead of a conviction, you were placed on deferred probation.
While it's a relief to have the case behind you, a new problem arises shortly after—the lingering presence of these records. They can resurface whenever you attempt to secure a job, apply for a new place to live, or if anyone decides to look into your criminal history. Those records remain accessible to anyone with internet access.
Partial expungement offers a solution to this issue by allowing you to update the information that appears on your background checks and in the public record. While some explanation may still be necessary, it becomes significantly easier when your background check states 'dismissed.'
What crimes can be partially expunged in Oklahoma?
Expungement options primarily apply to misdemeanor and felony offenses. Misdemeanor crimes typically encompass DUIs, petty theft, traffic violations, minor drug charges, or disturbances of the peace in various forms. On the other hand, felony crimes often involve drug possession, larceny, burglary, and forgery. These offenses are frequently committed during a person's youth and can unfortunately cast a long shadow over their life, unless they take steps to seek expungement.
This is why we strongly recommend pursuing partial expungement as soon as your probation period concludes. It allows you to modify these records in a way that doesn't impede your future. With updated records, the process of applying for jobs and new residences becomes significantly simpler.
What does a partial expungement change on my records?
With a partial expungement, we are able to partially change what is in public view. From background checks to court records, it allows you to gain control over your records.
The first items that would be changed are within your record. The outcome will be changed from ‘deferred’ to ‘not guilty.’ The case will be dismissed, and background checks will now show ‘not guilty, case dismissed’ or ‘case dismissed’ depending on which government agency is holding the records.
Next, the court system that held the case will remove and seal the records from their system. Meaning, if anyone were to contact that court, they would not be able to give out that information.
How is a partial expungement different from a full expungement?
Partial expungements differ from full expungements in a fundamental way. Full expungements completely seal all records (including arrests), making them inaccessible to the public. So, given the option for a full expungement, why might someone choose a partial expungement instead?
The reason is straightforward. Partial expungements are accessible immediately after the probationary deferred period ends, whereas full expungements have eligibility requirements. For misdemeanors, you must wait for a year after the probationary deferred period concludes, and for felony charges, it's a five-year wait after the deferred period concludes.
*It's important to note that violent charges are not currently eligible for expungement in the state of Oklahoma.
If you've completed the probationary period for your deferred sentence, we highly recommend pursuing partial expungement as it offers a quicker solution until you become eligible for full expungement.
Conclusion
If you're seeking to regain control over your records through a partial expungement, Beverly Atteberry is prepared to assist you in expunging those records. To begin the process, Beverly offers a complimentary 30-minute consultation during which she'll explain the expungement process, address any questions you may have, and ensure that you're fully informed about what to anticipate. Don't hesitate to schedule your appointment today.
References:
https://osbi.ok.gov/criminal-history/expungement