Oklahoma Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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US-02243BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

The only way to get your right to own a gun back after being convicted of a felony in Oklahoma is to get a pardon. Pardons and expungements are different. An expungement clears your record. A pardon keeps your record but gives you official clearance from the Oklahoma governor that you have been forgiven of the crime.

The new law was signed on the 2nd of May, 2022. This new law makes the expungement process possible for all misdemeanors, and a number of non-conviction felony criminal records.

The only way to get your right to own a gun back after being convicted of a felony in Oklahoma is to get a pardon. Pardons and expungements are different. An expungement clears your record. A pardon keeps your record but gives you official clearance from the Oklahoma governor that you have been forgiven of the crime.

A Section 18 expungement allows a person to expunge their entire arrest record. A Section 991(c) expungement allows a person who received a deferred sentence to expunge their plea, and have the disposition of their case updated to show the case has been dismissed.

File a request (petition) at the court clerk's office in the county where the charges were filed. The clerk will give you a hearing date. Before the hearing, you must serve a copy of your petition to the district attorney or prosecutor, the agency that arrested you, and the OSBI.

Generally, felonies in Oklahoma will stay on your record forever, unless you hire an attorney to expunge it. To be more specific, your expungement remedies will depend on what kind of felony you had.

Oklahoma's prohibition on firearm possession also extends to persons serving probation or parole for a felony crime. This is significant, because it extends to persons with Deferred Sentences, which are not otherwise considered ?Convictions.?

Oklahoma offers expungement of conviction records. The state does not delete or destroy your criminal record but removes it and makes it unavailable to the public. Only judges and law enforcement can see an expunged record.

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Oklahoma Petition for Expungement of Record in Case of Acquittal and Release without Conviction