Criminal Expungement Lawyers in Stillwater, OK

Criminal Expungement In Stillwater

If your record isn’t exactly spotless, the opportunity of a clean slate may appeal to you. Criminal expungement in Oklahoma is the legal process by which a person can have their criminal record sealed or erased from public view. In essence, this means that the record will no longer be available to the public, including potential employers or landlords, and will not appear on your background check. The process of criminal expungement in Oklahoma is generally pretty standard. Criminal expungement doesn’t operate like a legal pardon. Unlike pardons, expungement proceedings must be ordered by a judge or court. They typically take place in state court and the procedures may vary by location.

What You need to Know

1. How do you determine if you are eligible? In Oklahoma, not all criminal offenses are eligible for expungement. You should review the Oklahoma statutes on expungement (Okla. Stat. tit. 22, §§ 18-19) to determine if you are eligible. 
    A few of those categories are:
   •             People who were acquitted;
   •             People who were victims of identity theft
   •             People who were arrested but never charged;
   •             People who were charged with a misdemeanor but successfully completed probation.
2. What required documents do I need? To file for expungement, you will need to obtain a copy of your criminal record, any court documents related to your case, and a copy of your judgment and sentence.
3. Do I need to file a petition? To begin the expungement process, you will need to fill out a petition for expungement and file it with the court in the county where the conviction occurred. You will also need to pay a filing fee.
4. Will a hearing be scheduled? Once your petition is filed, a hearing will be scheduled. At the hearing, you will have the opportunity to present your case to the judge and explain why you believe your record should be expunged.
5. How long do I have to wait for a decision? After the hearing, the judge will make a decision on whether to grant your expungement request. If the judge approves your petition, your record will be sealed, and it will no longer be available to the public.

There’s a myth out there that criminal records are automatically expunged after 5-10 years. For Oklahoma specifically, records on file with OSBI and the Oklahoma State Courts Network don’t just include criminal convictions. They also note arrests, pending charges, and dismissed charges after the completion of a deferred sentence. It's important to understand that the expungement process can potentially be complex, so it's often important to work with an attorney who has experience handling expungements in Oklahoma. When in doubt, it’s beneficial to have the record expunged even if the case against you was dismissed. Call us today to set up a free consultation with one of our attorneys at 405.701.5355.

Criminal Expungement FAQs

• • The cost of expunging a criminal record depends on several factors. How complex is the case? Does your attorney charge on an hourly basis or a fixed fee? You will be responsible for paying court filing fees, background check fees, and potentially a number of other fees.  

• • A criminal expungement is based on a few different factors. How complex is your case? What is the court’s schedule? You will need to file a petition with the court, and the court will have 30 days to respond to the petition. After a response has been filed, the court will review your petition. Lastly, if the court grants the expungement, it can take several weeks to a month to complete.  

• • Criminal expungement in Oklahoma is the legal process by which a person can have their criminal record sealed or erased from public view. In essence, this means that the record will no longer be available to the public, including potential employers or landlords, and will not appear on your background check. 

• • Nonviolent crimes are most common, if all conditions have been met. However, you can also expunge misdemeanor convictions after a certain period of time has passed and arrests that do not result in a conviction. Protective orders related to domestic violence or stalking can often be expunged as long as the order has been dismissed or expired without a future extension. Finally, you can generally expunge pardoned convictions.

• • It depends on the complexity of your case. To receive personalized advice, feel free to contact our experienced team. 

• • Crimes involving a victim under the age of 18, crimes involving violence, felonies, crimes involving a dangerous weapon, felonies involving a sexual offense, and traffic violations.

Experience Makes The Difference

If you want a complete expungement of both the court and arrest records in your case, or of any other associated record, you have the affirmative obligation to file a civil petition to expunge your records. Although it is not required to have an attorney for criminal expungement in Oklahoma, it is highly recommended to have one. Here are some reasons why:

1. Legal Knowledge and Expertise: An experienced expungement attorney in Oklahoma will have a thorough understanding of the state's expungement laws, including the eligibility requirements, filing procedures, and the nuances of the court system. An attorney can guide you through the process and help you navigate any legal issues that may arise.
2. Filing the Appropriate Forms and Documents: Filing for expungement in Oklahoma requires completing various forms and providing specific documentation. An attorney can ensure that you have completed all the necessary forms and provided all the necessary documentation correctly.
3. Representation at the Expungement Hearing: The expungement hearing can be a critical stage of the expungement process. An attorney can represent you and present your case effectively to the judge. They can argue on your behalf and provide compelling reasons as to why your record should be expunged.
4. Increased Chance of Success: Hiring an experienced attorney who is knowledgeable about the expungement process in Oklahoma can increase your chances of success. Our thoughtful attorneys have a better understanding of the court system, and they know what arguments and evidence may sway a judge's decision in your favor.
5. Time and Money Savings: By working with a Ball Morse Lowe attorney, you can save time and money in the long run. An experienced attorney can help you avoid errors or delays that could otherwise lead to the need to file additional paperwork or attend another hearing.

Ball Morse Lowe has been fighting on behalf of expungement clients for many years. Our Stillwater Expungement lawyers have the knowledge, skill, and experience needed to challenge and bring justice to your legal matter.  For a free consultation with an attorney at Ball Morse Lowe PLLC, call 405-701-5355.