In Oklahoma, a criminal record may be expunged or sealed under the circumstances described below. If your record is expunged or sealed, it cannot be accessed by the general public, including potential employers. In most cases, you may say that you were not arrested or convicted of a crime.
Expunging or Sealing Criminal Records After Completing Probation
If you pleaded guilty or no contest to the charges brought against you, and you were given a deferred sentence, the related record may qualify for sealing after you successfully complete all the conditions of probation. (Title 22 Oklahoma Statutes § 991c.)
Expunging or Sealing Other Criminal Records
For cases not involving probation, your criminal record may qualify for expungement if:
- you were arrested but not charged with a crime within one year of the arrest
- you were charged but acquitted of the crime
- you were convicted, but the conviction was reversed and dismissed
- the statute of limitations on the offense expired and you were not charged
- the offense was a misdemeanor, you have no other convictions or pending charges, and at least ten years have passed since the date of your conviction
- the offense was a nonviolent felony as defined in Title 57 Oklahoma Statutes § 571, you have no other convictions or pending charges, and at least ten years have passed since the date of your conviction
- your factual innocence was proven by DNA evidence after your conviction
- you received a full pardon from the governor, or
- the arrest or charges occurred as the result of someone stealing your identity and committing a crime in your name.
(Title 22 Oklahoma Statutes § 18.)
How to File
You must file a petition for expungement in the District Court of the County in which the arrest occurred.
Getting Legal Help
Cleaning up your criminal history can be complicated. If you are not sure whether your record qualifies for expungement in Oklahoma -- or for advice about your personal situation -- you should contact a qualified criminal law attorney. A good lawyer can guide you each step of the way.