Overview Description

Records relating to a misdemeanor conviction, or convictions arising out of the same transaction or occurrence, for which the sentence was imprisonment, a suspended sentence, or a fine over $500 can be expunged by the court five years after sentence completion, so long as the person has no felony conviction and no pending charges. 22 Okl. St. § 18(A)(11) and (C).

Ineligible Category or Citation

This provision applies only to misdemeanor offenses for which the sentence was imprisonment, a suspended sentence, or a fine more than $500.

Procedure General

The petition must be filed in the district court where the arrest information is located. For the specific procedure, see 22 Okl. St. § 19.

Fees

There is no statutory language regarding fees.

Effect

"Expungement" means the sealing of criminal records, as well as any public civil record. 22 Okl. St. § 18(B). The person and criminal justice agencies can reply to inquiries that no official action against the person occurred and need not disclose any information in the sealed record. Employers, educational institutions, and other cannot require an applicant to disclose a sealed record, and the applicant can answer that no such action ever occurred. After 10 years, a sealed record can be obliterated or destroyed. 22 Okl. St. §§ 18, 19.

Waiting Periods

The petition can be filed five years after sentence completion.

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