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Aaron W. Easton. Esq. / February 1, 2024

Can I Have My Record Expunged in Oklahoma if Charges against Me Have Been Dismissed?

Expunging Dismissed Charges

Hi, I’m Oklahoma City Attorney Aaron Easton, and that’s the question we have today. And the answer is, most likely, although there are some criteria that you’ll have to meet.

So Oklahoma Statutes Title 22, Section 18 deals with statutory expungements in the state of Oklahoma, and there are several different ways in which to get an arrest and or conviction record expunged. And Subsection 7 specifically deals with charges that have been dismissed. And I’m going to read straight from the statute here because there are some particulars there and it’s pretty specific.

So Subsection 7 says the person was charged with one or more misdemeanor or felony crimes. All charges have been dismissed. The person has never been convicted of a felony before. No misdemeanor or felony charges are pending against the person. And the statute of limitations for refiling the charge or charges has expired or the agency confirms the charge or charges will not be refiled.

Qualifying for Expungement

That’s a lot. Essentially, what it means is if the case you’re trying to dismiss was either a misdemeanor or felony, you can have that expunged if those charges have been dismissed and either the statute of limitations has run or two, the prosecuting agency, the DA, has formally said they’re not going to refile those charges and you’ve not been previously convicted of a felony and no charges are currently pending.

So a few moving parts there. But if you find yourself in that situation where you have been arrested for a case, the district attorney has dismissed the case and you want to get that off your record, maybe it’s causing problems with employment prospects or something of that nature, you’re going to want to speak to an attorney privately and confidentially about your case to see if you can qualify for an expungement of that record.

Get a Initial Consultation

To do so with an attorney at my firm, you can reach us at 405-888-5400 or online at postconviction.lawyer. We offer low-cost consultations to discuss your case and

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  • Direct Appeals – OCCA
  • Direct Appeals – SCOTUS
  • Motion to Suspend Judgement
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  • Post Conviction Relief
  • Sentence Modification
  • OK DOC Hearings
  • Parole Hearings
  • Expungements
  • Commutations
  • Pardons
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