In Oklahoma, individuals with a criminal record can certain charges removed from their record. Typically, the individual seeks expungement when they weren’t convicted of the crime. However, under certain circumstances, the record of the arrest remains on their record. These arrest records could present the individual with difficulties when attempting to become gainfully employed. An Oklahoma expungement attorney provides assistance for these individuals.
What is the First Step for Expungement?
The individual must acquire their complete criminal record. They must follow local laws pertaining to requesting the records. Local authorities or the criminal court clerk may provide the individual with access to their records. They may be required to pay a fee to obtain the records based on the authority that provides them.
What Type of Expungement is Available?
Individuals who want to remove their entire arrest record will petition the district court for an expungement under section 18 of state codes. However, if they want to remove a record of a charge for which a deferred sentence was applied, they must follow guidelines included in section 991 of the state code. This form of expungement could include an update of the case status. If the charges were dismissed entirely, the expungement provides this opportunity.
What is Expected of the Defendant?
The defendant pays the full cost of obtaining their criminal records. The average cost is $15. They must pay all court order-related fees as well. The average price for these fees is $150. They will face attorney fees based on the requirements of the county.
Can the Court Deny the Expungement?
Yes, the court can deny the request if the elimination of the record causes a disservice to public safety. The court assesses the possible outcome of expunging the record and present a risk to the repercussions of keeping this case on the defendant’s criminal file.
In Oklahoma, individuals who are facing employment issues due to an old crime could acquire an expungement based on qualifications. Any charges that were dismissed qualify for the expungement under local statutes. Individuals who want to petition the court assess their rights based on these statutes today.