Can You Keep an Oklahoma Felony Off Your Permanent Record?

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Oklahoma is one of the few states that does not assign a number or letter to the different classes of felonies. Each type of crime is defined as a misdemeanor or felony offense, and the punishment will depend on the severity of the crime. If you are convicted of a felony, Oklahoma permits certain crimes to be expunged from your record, with the exception of sex crimes.

Oklahoma Drug Courts Can Offer a Solution

Diversion programs are designed to give first-time offenders a second chance and allow them to keep their criminal record clean. These programs are mainly available for those facing misdemeanors or non-violent felonies involving drugs or alcohol. In 1997, the state passed the Oklahoma Drug Court Act. Prior to entering court, each defendant must plead guilty to their offense and agree to be bound by the program requirements. These include:

  • Weekly court appearances
  • Random drug testing
  • Daily supervision

Their sentence is stayed until they complete the program. If they fail to meet the requirements of the program, the judge will impose sentence on their original charges. Successful completion means that no jail time will be imposed. An offender does not need to be charged with a drug crime in order to be eligible for participation. They only need to admit they have a substance abuse problem or be diagnosed as having an addiction to drugs.

Treatment Programs Offer Alternative to Conviction

If you have been charged with the crime of driving under the influence in Oklahoma, all offenders will undergo a mandatory alcohol assessment. This examination is used to determine the nature and extent of the problem and is conducted post-trial but before sentencing. The defendant’s sentence may be suspended if they agree to attend and successfully complete an alcohol and drug abuse treatment program. When charged with a felony offense, they must meet the minimum inpatient care requirements. Following treatment, they may be assigned to a sober living facility or home confinement with an electronic monitoring device.

Deferred Sentence

Anyone charged with a serious criminal offense can request that the judge give him or her a deferred sentence. When the defendant receives a deferred sentence by the court, they will enter a plea. The judge can accept their plea without finding them guilty. The judge will defer the sentencing for a period of time. During that time, the defendant must satisfy the conditions the court has laid out. If they comply with all of the terms, the defendant will then be allowed to withdraw his or her plea and their record will be expunged, resulting in no conviction. However, the record will still show that an arrest was made.

Legal Help From an Attorney

When you are facing serious criminal charges, you will need help in defending your rights. A felony conviction can result in severe consequences, including fines, jail time, and the loss of your job. It may also prevent you from future employment opportunities. Hiring an experienced criminal defense attorney will allow you to examine which alternatives may be available in order to avoid a conviction.

This article is provided for informational purposes only. If you need legal advice or representation,
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