Oklahoma Expungements for the Wrongly Charged
In previous blog posts, the Oklahoma Criminal Defense blog of Phillips & Bailey has discussed how an Oklahoma City expungement lawyer can help those who have past convictions to clear their juvenile record or to seal their record following completion of a deferred sentence.
The most common type of record expungement in Oklahoma is described in Title 22 O.S. §991c of the Oklahoma statutes. This type of expungement may be granted to defendants who have successfully completed a deferred sentence. Essentially, a §991c expungement seals the court record, changing a plea of guilt or no contest to a plea of not guilty, and striking the defendant's name from the court record. However, the arrest record and record of the criminal charge is still documented in OSBI records and is still available to law enforcement agents.
There is, however, a type of expungement that allows someone's arrest record to be cleared. This type of record expungement, defined under Title 22 O.S. § 18 of the Oklahoma Statutes, is more difficult to obtain, but it is preferable because it completely eradicates the criminal record. A §18 expungement can be granted to those who were convicted of non-violent felonies, but more commonly, it is awarded to those who were acquitted of charges, found to be factually innocent of the crime after a conviction, those who were arrested but never charged, and those whose charges were dismissed within a year of the arrest.
Those last two examples show that even people who were wrongfully arrested or falsely charged can be plagued by a criminal record. A local Oklahoma newspaper this week describes the case of a woman who was misidentified and criminally charged as part of a drug ring. Though the charges against her were dropped and the Oklahoma Bureau of Narcotics and Dangerous Drugs Control admits a mistake in filing charges, her criminal charge still shows up in the OSBI database and in the On Demand Court Record website for Oklahoma. Her Oklahoma expungement lawyer is working to get her record cleared, but he told reporters that he believes in cases of mistaken criminal charges, law enforcement should be able to clear the record without requiring a defendant to take care of it himself or herself.
Whether looking to clear a record after a juvenile conviction, a deferred sentence, or a false charge, it is important to seek counsel from an experienced Oklahoma expungement attorney. Law enforcement has the right to challenge any petition for expungement; it is imperative that a petitioner be prepared and equipped to handle any challenges. To find an expungement lawyer in Oklahoma City, contact Phillips & Bailey at (405) 607-1177.
Juvenile Record Expungement in Oklahoma
Impulsiveness, peer pressure, and a lack of basic maturity can lead many young people to make poor decisions with harsh consequences. For some juveniles, a foolish decision can lead to a conviction of a criminal offense. Although probation or incarceration in a juvenile detention facility can be a terrible hardship for any teen, often, the toughest challenge comes when, as an adult, a person tries to put his or her youthful indiscretions in the past. The criminal record associated with a juvenile conviction can haunt future prospects for employment and educational opportunities. An Oklahoma expungement lawyer can help you clear your record, moving forward from a difficult past into a brighter future.
Many people mistakenly believe that all juvenile records are confidential. They are not. Others think that record of a juvenile crime is automatically cleared when the defendant reaches the age of 18. It is not. Juvenile records are not automatically expunged, and prosecutors and law enforcement agencies have the right to protest any expungement requests. For this reason, it is important to proceed with any attempt to clear your record with the help of an experienced expungement attorney in Oklahoma.
In order to be eligible for expungement of a juvenile record in Oklahoma, certain conditions must be met. You may be able to successfully petition for your court records to be sealed and your arrest record to be purged if you satisfy the conditions outlined under Title 22 O.S. §18 and Title 10A O.S. § 2-6-109 of the Oklahoma Statutes.
Title 22 O.S. §18 states that if a person was younger than age 18 at the time of the offense, and if he or she has since received a full pardon for the offense, that person may petition for expungement of the juvenile record.
Title 10A O.S. § 2-6-109, which deals with juvenile offenses, states that a person aged 21 or older may petition the juvenile court for the expungement of the juvenile record under these specific conditions conditions:
- The petitioner has not been arrested for any adult offense and has no current or pending charges
- The petitioner has neither been convicted of any criminal offense nor been the subject of a deferred sentence
- All court requirements, including court costs and fines, have been satisfied and paid for juvenile proceedings
A juvenile offense such as underage DUI, petty theft, or assault should not have to ruin one's opportunity to become a productive and contributing adult. To find out if you qualify for a fresh start through the clearing of your juvenile record, consult an Oklahoma City expungement lawyer who can explain your options and help you petition the court to seal your juvenile court record.
Personal Information in Oklahoma Court Records
The Oklahoma Supreme Court is currently considering whether or not to limit access to personal information in court records. Some of the items which would be excluded from court records include birth dates and addresses; identifying numbers such as Social Security numbers and driver's license numbers would be limited to the last four digits only. Names of children would be eliminated from court records, and minors would be referred to by initials only. This measure, if enacted, is designed to offer privacy protection to those mentioned in court records.
As with any proposed ruling, the new rules have proponents and opponents. Those in support of the rules are in favor of the privacy and protect such measures would provide. They claim that the rules may cut down on identity theft. Those who oppose the new laws argue that identity theft generally occurs through computer hacking, not from information in public records, and say that restricting this information violates Freedom of Information.
One key effect the new privacy rules might have is argued as both a pro and a con, depending on whether you ask supporters or opponents. By eliminating certain personally identifying information, criminal background checks become more difficult.
For those with criminal records, having this information removed from court records means that they do not have to be burdened unnecessarily by minor crimes showing up on an employment background check--or on a personal background check. If an Oklahoma expungement of the crime is not possible, the new rules might provide some relief. Though the record is not cleared, it becomes much more difficult for a criminal history to be detected from public records in a casual search, particularly if the person being investigated has a common name.
Those that are against the new rulings say that media, employers, and even prospective romantic partners will have a harder time verifying a person's criminal background.
The Oklahoma Supreme Court is asking for public opinion regarding the proposal by November 4, 2011. The Court is attempting to balance privacy and openness as more and more court records for civil, criminal, and divorce proceedings are publicly available online.
If you have a criminal record and have been burdened by background checks, then new rules might provide some relief. However, if you truly want your record cleared, contact an Oklahoma criminal defense attorney to see if you qualify for an expungement of your Oklahoma criminal record.
Oklahoma Expungement after a Deferred Sentence
An Oklahoma expungement lawyer can help you clear your criminal record to minimize or eliminate the impact it has on your life. Once your legal debt has been paid--or if there was no debt to pay--there is no reason a criminal record of a misdemeanor or nonviolent felony should continue to hinder your employment opportunities, housing options, or ability to secure a financial loan.
Though there are many reasons for expungement and several ways with which one my qualify for criminal record expungement, perhaps the most common is the expungement of a guilty plea or plea of no contest after successful completion of a deferred sentence. In a deferred sentence situation, a defendant pleads guilty or no contest to the crime with which he or she is charged--generally a misdemeanor such as a DUI. The judge withholds sentencing contingent upon the defendants successful compliance with the terms of a probationary period. In a deferred sentence, a person may receive community service, mandatory drug or alcohol treatment or counseling, and other restrictions in lieu of jail time.
If the defendant adheres to all the terms of the probation and deferred sentencing agreement, at the end of the probationary period, his or her guilty plea will be stricken from the court records and the record will read "Pled Not Guilty, Case Dismissed." A deferred sentence is a positive result to a first-offense criminal case, allowing the defendant to avoid not only jail time, but also record of a criminal conviction. After completion of a deferred sentence, the defendant can honestly answer, "No," to the employment application question, "Have you ever been convicted of a crime?"
However, many people fail to realize that the expungement of a plea of guilt or no contest does not permanently erase one's criminal record. Though court records are updated to read that the accused pled not guilty and the case was dismissed, a person's arrest record remains on file with the Oklahoma State Bureau of Investigation (OSBI). This means that anyone conducting a criminal background search with the OSBI will still turn up a record of the arrest along with the charge for which the defendant was arrested--even if he or she was never formally charged or convicted.
To permanently clear even one's arrest record on file with the OSBI, certain criteria must be met. The Bureau itself recommends hiring an attorney to help petition to clear one's record. For more information on how to qualify for a complete expungement of your criminal record--both in court records and with the OSBI, contact an experienced Oklahoma expungements attorney.
Oklahoma Criminal Record Checks Online
Accessing public records used to be a time consuming venture, requiring the searching individual to appear in person at the courthouse or records department, fill out paperwork, and make formal request for copies on any such record. With the internet, public records are only a click away. Whether requesting an official copy of a person's criminal history for an employment background check or simply satisfying one's curiosity, the internet provides quick and simple access to one's Oklahoma criminal record.
For fathers checking out their daughters' prospective boyfriends, online criminal record checks are a source of reassurance. For individuals with criminal records or arrest records, public online access to these records means one may be continually haunted by a single blemish on an otherwise clean record, or attempts to gain a fresh start may be foiled by a criminal record in the distant past.
Fortunately for those plagued by an arrest, misdemeanor conviction, or criminal charge, Oklahoma expungement laws make it possible in certain circumstances to purge an arrest record or seal a record from public view.
While not every conviction is eligible for expungement, there are several common circumstances in which record of an arrest or conviction may be purged or sealed. Perhaps the most common is an expungement after completion of a deferred sentence. In this situation, a defendant pleads guilty to the offense, but the judge suspends sentencing pending completion of probation. If the defendant successfully complies with the terms of the probation, he or she may withdraw the initial guilty plea and have it expunged.
Other situations for which one may be eligible to clear an arrest record in Oklahoma include:
- Acquittal of charges (found not guilty at trial)
- Juvenile offenses which have received full pardon
- Proven factually innocent (through DNA evidence, for example) subsequent to conviction
- Conviction overturned on appeal
- Arrested but no criminal charges are filed
- Arrested but charges dismissed within one year of the arrest
- Misdemeanor conviction with no subsequent felony or misdemeanor convictions or pending charges after at least 10 years have passed since the initial conviction
- Nonviolent felony conviction with full pardon, no subsequent felony or misdemeanor convictions, and no pending charges after at least 10 years have passed since the initial conviction
The extent of the expungement depends on various circumstances. For example, certain types of expungements seal the record from public view, but the arrest record remains on file with the Oklahoma State Bureau of Investigation (OSBI). If you are troubled by a criminal record or arrest record, contact an Oklahoma expungement lawyer who can help determine your eligibility for expungement. If you qualify for either type of expungement in Oklahoma, the attorney can pursue your quest for a clean record.
Expungement Request Withdrawn in Oklahoma City Homicide Case
Last summer, the Oklahoma criminal defense law firm of Slane, Phillips, & Bailey described the story of an expungement request by triple-homicide suspect Tybream Demont Rogers. When we first brought you the story, Rogers's attorney had requested a postponement of her client's Oklahoma expungement hearing. The lawyer stated that the postponement would allow her time to address objections lodged by the Oklahoma County District Attorney's office and the Oklahoma State Bureau of Investigation (OSBI).
Six months after requesting a postponement, Rogers's Oklahoma City expungement lawyer has withdrawn the request to have her client's records sealed. Paperwork for dismissal of the expungement request did not explain the reason for revoking the request.
Tybream Rogers was implicated in the 1996 shooting deaths of three people outside an Oklahoma City nightclub. Rogers was not accused as the shooter, but was charged with homicide for his involvement. His case ended in mistrial in 1999 after allegations of sexual misconduct by an arresting officer. An appellate court ruled that a retrial of Rogers on the homicide charges would be unconstitutional, subjecting him to double jeopardy.
Rogers initially filed a request to have his arrest record sealed because the record was negatively impacting his ability to find adequate employment. However, the district attorney's office and the OSBI argued that Rogers's case was not eligible for expungement because the case did not end in a verdict or a dismissal of charges. They further assert that, due to the seriousness of the charges, the public has a right to know about Rogers's arrest for the slayings.
With the filing of paperwork to dismiss the request for expungement, the arguments are now moot. Record of Tybream Demont Rogers's arrest will remain public.
For those who have successfully completed a deferred sentence, who have been acquitted of a crime, or whose conviction has been overturned upon appeal, an expungement of the criminal record may be a way to restore normalcy and to put the past behind them. To see if you qualify for expungement of your criminal record or arrest record, contact an experienced Oklahoma expungement attorney for more information.