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Expungements
Table of Contents
Overview
Understanding Expungements
Section 18 vs Section 991(c) Expungements
Cost of Expungement
Do You Need a Lawyer?
Qualifying for an Expungement
FAQs
Why Choose Elton Jenkins Law, P.L.L.C.
Overview
This page is designed to provide you with comprehensive information about the expungement process in Oklahoma. Here, you'll learn about the benefits of expungement, the differences between Section 18 and Section 991(c) expungements, the cost involved, and the process to qualify for an expungement. We also address common questions and explain how Elton Jenkins Law, P.L.L.C., based in Norman, Oklahoma, serving the entire state, can assist you throughout the process.
Understanding Expungements
An expungement allows you to seal your court or arrest record, making it inaccessible to the public. This can be extremely beneficial, as it can prevent potential employers, landlords, or other parties from accessing past criminal records. Expungement can give you a fresh start, allowing you to move forward without past transgressions shadowing your future. It's important to note that there are specific eligibility criteria and legal processes to follow, which we will discuss in the following sections.
Section 18 vs Section 991(c) Expungements
In Oklahoma, there are two primary types of expungements: Section 18 and Section 991(c).
Section 18 Expungements: This allows a person to expunge their entire arrest record. It's the most comprehensive type of expungement, but it also has more stringent eligibility requirements.
Section 991(c) Expungements: This is for individuals who received a deferred sentence. It allows for the expungement of their plea, updating the disposition of their case to show the case has been dismissed. However, a Section 991(c) expungement does not remove the arrest record.
Cost of Expungement
Expunging your court record is free. However, expunging your arrest record requires a $150 processing fee. Additional fees may also be necessary for local law enforcement agencies to expunge their records. The Oklahoma State Bureau of Investigation (OSBI) accepts cashier’s checks or money orders. Unfortunately, they do not accept personal checks.
Do You Need a Lawyer?
While it's not mandatory to have a lawyer for the expungement process, it is strongly recommended. There are specific paperwork, notice, and legal requirements involved in successfully petitioning for an expungement. If you choose to represent yourself, the court will hold you to the same standards as it would an attorney. At Elton Jenkins Law, P.L.L.C., we can guide you through the process, ensuring you meet all requirements and deadlines.
Qualifying for an Expungement
Eligibility for expungement is determined by specific statutory categories listed in Title 22 of the Oklahoma Statutes, in section 18(A) for Section 18 expungements, and under Section 991c for deferred sentence expungements. The details of these eligibility requirements are quite intricate, involving factors such as the nature of your offense, the outcome of your case, and the passage of a certain period of time since the completion of your sentence or the dismissal of your charges.
FAQs
We understand that the expungement process can be complex. Here are answers to some common questions:
What information should I include when requesting an expungement?
You should include your name, social security number, date of birth, the crimes you were charged with, the date of your arrest, and the disposition of your arrest and/or charges in court.What is the time frame for the expungement process?
The expungement process can take about one month after the OSBI receives the order and the required fee.If my record is expunged, will my FBI record be expunged as well?
Yes, if your record is expunged in Oklahoma, your FBI record will also be expunged.
Why Choose Elton Jenkins Law, P.L.L.C.
At Elton Jenkins Law, P.L.L.C., we are committed to helping you navigate the complex expungement process. Our experienced team understands Oklahoma's expungement laws and the nuances involved in both Section 18 and Section 991(c) expungements.
We believe that everyone deserves a second chance, and our goal is to help you achieve that. We will work tirelessly on your behalf, ensuring all paperwork is completed accurately and submitted on time, and we will represent you in court if necessary.
Don't let past mistakes hinder your future. Contact Elton Jenkins Law, P.L.L.C. today and take the first step toward clearing your record. Call us at (405) 217-3623 to schedule a consultation.