Can a Former Felony Conviction be Expunged?
I was previously convicted of a felony in Oklahoma and that crime that I was convicted for has since been changed to a misdemeanor crime. Can I get my criminal record expunged?
Hi, I’m Oklahoma City Attorney Aaron Easton and that’s the question we have before us today and it’s a pretty specific one but it is one that happens more than you might think. So it happens most often in the context of drug crimes which over time have the sentence and punishment for those have become less harsh over time and the Oklahoma legislature has changed several of those previous felonies to now misdemeanors.
Understanding the Expungement Process in Oklahoma
There is a way to get that criminal record expunged by statute, meaning if you meet the elements of the statute you qualify for it. And so that is governed under Title 22, Section 18, subsection 16 of the Oklahoma statutes and I’m going to look to that statute specifically because there are some precise criteria elements that you have to meet in order to have that record automatically expunged. When I say automatic, meaning that you automatically qualify, you still have to go through the process of getting that done. But those criteria are as follows.
First off, the conviction can’t be for a violent felony and there’s a separate section of Oklahoma statute under Title 57, subsection 571 that covers all sorts of crimes that are considered violent felonies in the state of Oklahoma. Most of those are things you would guess, murder, manslaughter, robbery, kidnapping, things of that nature. But first off, it can’t be a violent felony.
Requirements for Expungement
The second element is, as I already mentioned, the former felony has to have been reclassified now as a misdemeanor. The third element is that you can’t be currently serving a sentence for that crime or any other crime in Oklahoma or in other states. You can’t be currently in prison or in jail. The fourth criteria is that at least 30 days had to have passed since the completion of the sentence or the commutation for the crime. And so this does come up in the context of those folks who have had their sentences commuted and oftentimes that’s because it’s been changed from a felony to a misdemeanor. So 30 days have to have passed since you’ve been released, either through commutation or you’ve just completed the sentence. Fifth is that you have to have paid any restitution, court fees, fines, things of that nature on the crime you’re convicted of. And then sixth, if it was in fact a drug crime, you have to have completed the treatment program associated with your judgment and sentence for that crime.
Consult with an Attorney for Your Specific Case
This is one of the more lengthy and convoluted of the statutes with subsections within the criminal expungement statute in Oklahoma. If you think you may qualify for an expungement of your criminal record of a former felony conviction that is now a misdemeanor, you’re going to want to speak to an attorney privately and confidentially about the specifics of your case.
Contact Us for a Initial Consultation
For a initial consultation with an attorney at my firm, you can reach us by phone at 405-888-5400 or online at postconviction.lawyer.