Expungement Attorney serving Muskogee, OK
Being charged or convicted of a crime carries with it many negative implications. Long after one’s obligations and penalties have been fulfilled, an individual with a criminal record might find themselves facing some prejudice and hardship.
Some people might find that educational, financial, and career opportunities are closed to them because of their criminal record, and in some cases, those who were accused but found not guilty are still stalled by the stigma that a criminal charge can bring.
Many people may not know, but you may actually be able to get your record expunged, allowing you to move forward with your life. If you need to remove a criminal charge or erase a conviction from your permanent record, contact the The Ching Law Office.
Why Choose Nalani Ching for your Expungement Case?
Nalani Ching was a prosecutor for 20 years, in both Tulsa and Muskogee, and she knows what is required to help you with your expungement case. Nalani Ching spent many years handling cases for the Government, and will use that experience to help you get your expungement handled. Don’t spend any more time explaining dismissed or deferred charges to potential employers, landlords, and or significant others.
What is Expungement?
Expungement in Oklahoma is the legal process of sealing or erasing a person’s criminal record from public view. This process can significantly improve a person’s ability to find employment, housing, and other opportunities by removing the stigma of a criminal record. The specific statutes governing expungement in Oklahoma can be found in Title 22, Sections 18 and 19 of the Oklahoma Statutes.
Types of Expungement
Section 18 Expungement (Full Record Expungement):
- This type of expungement completely seals the individual’s criminal record from public view. It is as if the arrest or conviction never occurred.
Section 991(c) Expungement (Deferred Sentence Expungement):
- This is available for individuals who received a deferred sentence. After successfully completing the terms of their deferred sentence, the plea of guilty or no contest is removed and the case is dismissed. The record is then expunged.
Eligibility for Expungement
Eligibility for expungement under Section 18 can vary depending on several factors, including the nature of the offense, the outcome of the case, and the amount of time that has passed since the offense. Some common eligibility scenarios include:
- The person was acquitted or had charges dismissed.
- The person was arrested but not charged, and the statute of limitations has expired.
- The person received a deferred sentence and successfully completed it.
- The person was convicted of a misdemeanor or non-violent felony and meets specific criteria regarding the time elapsed since the conviction or completion of the sentence.
- The person was pardoned by the Governor of Oklahoma.
Expungement in Oklahoma offers individuals a way to clear their criminal records and improve their opportunities for a better future. The process requires meeting specific eligibility criteria, filing a petition, notifying relevant parties, and obtaining a court order. Once granted, expunged records are sealed from public view, allowing individuals to move forward without the burden of a criminal past.
In 2016, Oklahoma voters passed State Question 780, which reclassified simple drug possession offenses from felonies to misdemeanors. This was a significant shift aimed at reducing the prison population and focusing on rehabilitation. The reclassification of certain drug offenses has made more individuals eligible for expungement of their records, allowing for better reintegration into society.
