Understanding the Criteria for Expunging Deferred Sentences
I completed a deferred sentence on a misdemeanor conviction in Oklahoma. Can I have my record expunged? Hi, I’m Oklahoma City Attorney Aaron Easton and that’s the question we have before us today. And the answer to this, like a lot of legal questions, is maybe. It depends on the specifics.
Title 22, Section 18 of the Oklahoma Statutes governs expungement of criminal records in Oklahoma and this pertains to arrest and conviction records. And there’s a specific subsection, which is subsection 8 of that statute, that talks about misdemeanor deferred sentences. And I’m going to read directly from the statute on that. And so the statute reads, the person what’s charged with the misdemeanor, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence.
So you got convicted of the misdemeanor, you’ve done everything you have to do to complete that deferment, and here’s the criteria that you have to meet. Three things. One, the person has never been convicted of a felony previously. Two, there’s no misdemeanor or felony charge currently pending against you. And three, at least one year has passed since the charge was dismissed.
Qualifying for Expungement of Deferred Misdemeanor Conviction in Oklahoma
And so you’ll know that with a deferred sentence there could be a fine that comes with that or whatever the case may be. And so for that one year to kick in, you have to have completed both the time frame and paid off whatever fines or fees that you had with that judgment of sentence originally. So if you meet those three criteria, then you will qualify for a statutory expungement of your deferred misdemeanor conviction in the state of Oklahoma.
If you find yourself in this situation, you think you might qualify, you’re going to want to speak to an attorney privately and confidentially about the specifics of your case so we can help you go through that expungement process.
Contact Us for a Initial Consultation
To speak with somebody at my firm for a initial consultation, you can reach us at 405-888-5400 or get us online at postconviction.lawyer.