Are you struggling to obtain a job or ineligible for a promotion? Are you unable to rent a place to live? Do you want to clear your name for the sake of your reputation? Do you want to remove a previous poor decision from the public record? If so, you have come to the right place. Contact David for a free case review to see if you qualify for an expungement.
Oklahoma law permits expungements of different types of records. Most people seeking expungement relief are interested in expunging an arrest and felony or misdemeanor court records associated with the arrest. There are also several other types of expungements: Victim Protective Order Records Expungement, Youthful Offender Expungement, and Juvenile Court records.
So, you may be wondering what exactly is an expungement. Expungement is a process by which a court orders one or more government agencies in possession of your records to erase, limit access, or amend the records. It can also provide you the legal authority to deny the existence of the expunged arrest or charge, which can be a huge benefit when applying for a job. Not all expungements are the same. David will help you determine which type of expungement to file and what you can legally state about such records after expunging them.
The types of records that are subject to expungement include records about an arrest and court case. That consists of those records maintained by the Court Clerk, the Oklahoma State Bureau of Investigation (OSBI), Police Departments and other state and local law enforcement agencies, county jails and sheriffs departments, the Oklahoma Department of Corrections, and the Oklahoma Pardon & Parole Board. It includes records found on agency websites such as the Oklahoma State Court Network (OSCN), On-Demand Court Records (ODCR), and Offender Lookup.
The agency ordered to expunge records is required to remove references to it on the public side of the website and limit all public access to the file. The agency must further restrict internal access to the records via its website, other internal databases, and its file. The agency is required to have policies to prevent access to the records.
Whether someone can obtain an order of expungement in Oklahoma depends on several variables. First and foremost, one must qualify under one of the expungement laws to be eligible to have the records expunged. It is essential to have an attorney represent you during the expungement process. You need an attorney who understands the distinctions of the expungement laws and an attorney who can advise you about the impact each type of expungement has on your records and your ability to answer questions about those records in the future.
Under one expungement law, the court has the authority to expunge criminal court records and references to the case on OSCN - an online record system. Under a different expungement law, the court has the power to expunge arrest records and court records; however, the arrest records may remain available for law enforcement to view. Additionally, a law permits the court to order the expungement of victim protective order court records, which includes any references to the case on OSCN. Most Juvenile records and Youthful Offender records are unavailable to the public. However, there are provisions to expunge the records and seal them further.