Are You Eligible for Expungement and How Much Time Must You Wait?!

Updated: Dec 7, 2018


Instead of constantly checking the calendar, let Whiting & Bruner remind you when you are expungement ready!

Are You Eligible For An Expungement?


Not all criminal charges allow you to complete the expungement process to have your criminal background sealed from public view. The most common type of criminal offense committed is a misdemeanor, and most misdemeanor offenses are eligible for an expungement.


The following types of misdemeanors are eligible for expungement:

  • Traffic Violations

  • Petty Drug Offenses

  • Driving Under the Influence

  • Disturbing the Peace

  • Petty Theft Offenses

  • Assault

  • Battery

Have a felony in your criminal background? There are also certain felonies (if non-violent) that are eligible for expungement.


For an understanding of the State of Oklahoma's definition of a "non-violent" offense, visit the Oklahoma Supreme Court Network or search Oklahoma Statute Title 57 Section 571.



How Long Must You Wait Before Expunging Your Record?


Charges that are eligible for expungement immediately:

     If your sentence was a fine of five hundred dollars ($500.00) or less.


Charges that are eligible for expungement following the expiration of the statute-of-limitations for re-filing:


    The person was charged with one or more misdemeanor or felony crimes, all charges have been dismissed, the person has never been convicted of a felony, no misdemeanor or felony charges are pending against the person and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled; provided, however, this category shall not apply to charges that have been dismissed following the completion of a deferred judgment or delayed sentence.


Charges eligible for expungement after one year of completing sentence:


    The person was charged with a misdemeanor, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, the person has never been convicted of a felony, no misdemeanor or felony charges are pending against the person and at least one (1) year has passed since the charge was dismissed.


Charges eligible for expungement after five years of completing sentence:


    The person was charged with a nonviolent felony offense not listed in Section 571 of Title 57 of the Oklahoma Statutes, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, the person has never been convicted of a felony, no misdemeanor or felony charges are pending against the person and at least five (5) years have passed since the charge was dismissed.


Charges eligible to expunge after twenty years of completing sentence:


The person was convicted of not more than two nonviolent felony offenses, not listed in Section 571 of Title 57 of the Oklahoma Statutes, the person has received a full pardon for both of the nonviolent felony offenses, no felony or misdemeanor charges are pending against the person, and at least twenty (20) years have passed since the last misdemeanor or felony conviction.


If you are still unsure if your criminal charge(s) are eligible for expungement or are unsure about how much longer you must wait until you are eligible, contact Whiting & Bruner and we will walk you through the process:



CHEAPEST PRICES FOR EXPUNGEMENT AND

WE COVER THE ENTIRE STATE OF OKLAHOMA!


 

Oklahoma City Law Firm:

Telephone: (405) 525-6671 {Ask for Michael Whiting}

Address: 1901 North Classen Blvd., Suite 222

Oklahoma City, Oklahoma 73106


Tulsa Law Firm:

Telephone: (918) 488-8000 {Ask for Aaron Bruner}

Address: 6440 South Lewis Avenue, Suite 100

Tulsa, Oklahoma 74136


E-Mail:

WBLaw@WhitingandBruner.com


Facebook:

@OklahomaExpungement

Whiting & Bruner, PLLC



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