November 6, 2012

Oklahoma’s Criminal Records Expungement Law Changes To Take Effect

11-6-2012 Oklahoma:

Oklahoma House Bill 3091 significantly amends the Oklahoma 22 O.S. Section 18/19 expungement laws, effective November 1st, 2012. Persons who did not previously qualify for expungement under the old law are now eligible. 

Many people believe that records of past arrests are destroyed because they were not convicted of a crime or because their sentence was deferred. Even if your case was dismissed your record will still show that you were charged with a crime unless you petition the court to have your arrest expunged.

What is an expungement and why do I want one?

Expungement is a Petition process that uses the District Courts to erase or change criminal record(s). People seek expungement because the existence of these records can negatively impact their careers, educational goals, and their personal lives; and because the records are freely accessible to the general public on the Oklahoma Supreme Court’s website and the On Demand Court Records website.

If I have a criminal record, is there one record or many different records?

Each crime generally creates several types of records:
1. Records with the Arresting Agency (TRACIS reports);
2. Records with the Courts on or (Docket Sheet of the case);
3. Records with OSBI, the Oklahoma State Bureau of Investigation; and
4. Records with the Dept. of Corrections.
The OSBI criminal background check is typically the “background check” paid for by employers. Federal records databases generally pull from State organizations such as OSBI, so by clearing your State records, you are also clearing Federal records except records of Federal crimes.

What types of expungement are there?

...continued... by Huddleston Law Offices

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