How to Get Criminal Records Expunged in Oklahoma
- 1). Locate and review Oklahoma Statute Title 22, Section 18, to determine if you meet one of the eight criteria necessary for expungement of your criminal record. For example, you immediately qualify for a Section 18 expungement if you were arrested without charges filed, acquitted after trial or your conviction was reversed on appeal. However, a deferred sentence situation is tricky. The OSBI record can be expunged immediately if your deferred sentence was completed within one year of your arrest. If not, you must wait 10 years to qualify and you must be free from any subsequent arrests during that period.
- 2). Submit a Criminal History Record Check form with the OSBI so that you have complete and accurate information about your criminal records that you want expunged. You can obtain the form online from the OSBI website or from the OSBI office at 6600 North Harvey, Oklahoma City, OK 73116.
- 3). Contact the clerk's office for the district court where you were convicted to determine the court's procedure for hearing Section 18 expungement requests. There is no uniform procedure for these requests in Oklahoma. Some district courts require a motion to be filed in your criminal case, while other courts require a separate civil action to be filed.
- 4). Prepare the paperwork for your expungement request using 8½-inch by 11-inch paper, ideally by word processor or typewriter; however, courts will sometimes accept a document with legible handwriting. The Oklahoma District Courts do not provide pre-printed forms for expungement requests. Prepare the paperwork by placing the name of the court near the top of the page, and include a clear title underneath such as "Motion to Expunge Criminal Record" or "Petition to Expunge Criminal Record." Include your identifying information (name, mailing address, phone number and email address, if desired). Below this information, set forth a chronological statement of the information you obtained in your Criminal Record History. Follow the chronology with a statement that you request the court to expunge your criminal record with the OSBI. Include a closing statement that all of the foregoing statements are true to the best of your knowledge. Lastly, include a space for you to sign and date the document.
- 5). File your paperwork with the clerk of the district court where you were convicted. Bring copies of your paperwork so that the clerk can mark them as having been filed. Follow the clerk's instructions regarding how you must serve copies of the paperwork on the OSBI and the prosecuting attorney in your case. Obtain a hearing date from the clerk for when the court will handle your request.
- 6). Attend the hearing for your expungement request. Anticipate that the judge will ask questions about your case and your reasons why the judge should grant your request.
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