CRIMINAL RECORDS EXPUNGEMENT QUALIFICATIONS IN OKLAHOMA

  • Have you received a full pardon by the Governor for the crime(s) you want expunged?
     

  • Were you:

    • arrested and no charges of any type, including charges for an offense different than that for which you were originally arrested, were filed and

    • the statute of limitations has expired or the prosecuting agency has declined to file charges?
       

  • Were you:

    • charged with one or more misdemeanor or felony crimes, 

    • all charges were dismissed, and

    • you have never been convicted of a felony, and

    • you have no misdemeanor or felony charges are pending against you, 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?

    • Note: This category does not apply to charges that were dismissed following the completion of a deferred judgment or delayed sentence.

 

  • Were you:

    • charged with a misdemeanor, and

    • the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, and

    • you have never been convicted of a felony, and

    • you have no misdemeanor or felony charges pending, and

    • at least one (1) year has passed since the charge was dismissed?
       

  • Were you:

    • charged with a nonviolent felony offense not listed in Section 571 of Title 57 of the Oklahoma Statutes, and

    • the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, and

    • you have never been convicted of a felony, and

    • you have no misdemeanor or felony charges pending, and

    • at least five (5) years have passed since the charge was dismissed (deferred sentence ended)?
       

  • Were you:

    • ​charged with not more than two felony offenses, and

      • none of which was a felony offense listed in Section 13.1 of Title 21 of the Oklahoma Statutes or any offense that would require you to register pursuant to the provisions of the Sex Offenders Registration Act

    • the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, and

    • you have no misdemeanor or felony charges pending, and

    • at least ten (10) years have passed since the charge was dismissed (deferred sentence ended)?

    • Note 1: this category becomes effective under the law on November 1, 2022

    • Note 2: that this category does not preclude you from qualifying if you have been convicted of a felony in this state or elsewhere.
       

  • Were you:

    • charged with one or more felony or misdemeanor offenses,​ and

    • your sentencing was deferred for a period of months or years, and

    • the date to which your sentencing was deferred has passed, and

    • you have paid all court costs, fines, and assessments ordered in the case, and

    • you have no charges pending?

    • Note: this category by itself would permit you to obtain a court-records expungement but not an arrest records expungement. To qualify for an arrest records expungement after completion of a deferred sentence would require you to fall within one of the three categories listed above this one. A court records expungement, however, would provide you much needed relief until you are eligible to have your arrest records expunged. 
       

  • Were you:

    • convicted of a misdemeanor offense, and

    • you were sentenced to a fine of less than Five Hundred One Dollars ($501.00) without a term of imprisonment or a suspended sentence, and

    • the fine has been paid or satisfied by time served in lieu of the fine, and

    • you have never been convicted of a felony, and

    • you have no felony or misdemeanor charges pending?
       

  • Were you:

    • convicted of a misdemeanor offense, and

    • you were sentenced to a term of imprisonment, a suspended sentence or a fine in an amount greater than Five Hundred Dollars ($500.00), and

    • you have never been convicted of a felony, and

    • you have no felony or misdemeanor charges pending, and

    • at least five (5) years have passed since the end of the last misdemeanor sentence?
       

  • Were you:

    • convicted of a nonviolent felony offense not listed in Section 571 of Title 57 of the Oklahoma Statutes, and

    • you have never been convicted of any other felony, and

    • you have either never been convicted of a misdemeanor or you have not been convicted of a misdemeanor in the last seven (7) years (other than any misdemeanor you were also convicted of in the same case or out of the same incident for this non-violent felony), and

    • you have no felony or misdemeanor charges pending, and

    • at least five (5) years have passed since the completion of the sentence for the felony conviction?
       

  • Were you:

    • convicted of not more than two felony offenses, and

      • none of which was a felony offense listed in Section 13.1 of Title 21 of the Oklahoma Statutes or any offense that would require you to register pursuant to the provisions of the Sex Offenders Registration Act

    • you have no felony or misdemeanor charges pending, and

    • at least ten (10) years have passed since the completion of the sentence for the felony conviction?

    • Note: this one allows for an expungement of one or two felony offenses that may be considered violent under Section 571 of Title 57  but are not 85% crimes or sex crimes.
       

  • ​​Were you:

    • convicted of a nonviolent felony offense not listed in Section 571 of Title 57 of the Oklahoma Statutes which was subsequently reclassified as a misdemeanor under Oklahoma law, and

    • you are not currently serving a sentence for a crime in this state or another state,

    • at least thirty (30) days passed since your completion or commutation of the sentence for the crime that was reclassified as a misdemeanor,

    • you have paid in full any and all restitution ordered by the court, and

    • you have successfully completed any treatment program ordered by the court, including any treatment program previously failed but later completed even after your sentence was complete?

    • Note: this category is intended to cover those individuals who were convicted of a crime that used to be a felony and the law has since reclassified said crimes a misdemeanors.
       

  • Were you acquitted?
     

  • Was your conviction:

    • reversed on appeal with instructions to dismiss, or

    • reversed on appeal and the prosecuting agency subsequently dismissed the charge?
       

  • Was your factual innocence was established by the use of deoxyribonucleic acid (DNA) evidence subsequent to conviction?
     

  • Were you:

    • under eighteen (18) years of age at the time the offense was committed and

    • you have received a full pardon for the offense?

 

  • ​Were you charged or arrested or the subject of an arrest warrant for a crime that was committed by another person who has appropriated or used your name or other identification without your consent or authorization?

If you qualify for an expungement (or are not sure), click one of the links below, so we start the process, expunge your criminal records, and start creating opportunities to advance your future!