A felony record can follow you long after the case is over. It can affect your job options, housing, licensing, education, firearm rights, and reputation, among other things.
Oklahoma does allow some felony records to be expunged, but not every felony qualifies. Whether a felony can be expunged depends on the type of charge, your criminal history, and whether you have any pending charges.
Many nonviolent felony convictions may become eligible for expungement if you meet the statutory requirements. Violent felony convictions are much harder to clear and are often not eligible through the ordinary expungement process.
Violent Felonies Are Generally Not Eligible
Oklahoma law excludes many violent felony offenses from standard expungement eligibility. These are serious crimes listed under Oklahoma’s violent crime statutes; they may include:
- Murder
- Manslaughter
- Robbery
- Armed robbery
- First-degree burglary
- Kidnapping
- Rape
- Forcible sodomy
- Child abuse
- Child pornography offenses
- Human trafficking
- Aggravated assault and battery
- Assault with a dangerous or deadly weapon
- Domestic abuse by strangulation
- Certain firearm-related violent offenses
- Arson in the first degree
- Aggravated drug trafficking
A person charged with a violent felony may still have options if the charge was dismissed, reduced, reversed, or resolved consistent with the expungement category.
Sex Offenses and Registration Issues
Felonies that require sex offender registration are also major barriers to expungement. Oklahoma law treats these cases differently because registration creates separate public safety and reporting obligations.
If a felony conviction requires registration under the Sex Offenders Registration Act, it may not qualify for the same expungement relief available to many nonviolent felonies. These cases require careful review because the outcome can depend on the specific statute, the person’s age at the time of the offense, and the registration level, among other things.
Multiple Felony Convictions Can Create Problems
Expungement becomes harder when a person has multiple felony convictions, including for nonviolent felonies.
However, Oklahoma law (Oklahoma Statutes Title 22, Section 18) allows certain people with one nonviolent felony to seek expungement after meeting a waiting period and clean-record requirements. In some situations, a person with no more than two felony convictions may qualify, but only if the convictions are not excluded offenses and the person meets the statutory requirements.
More than two felony convictions usually create eligibility problems. Pending charges can also prevent expungement. Before granting relief, courts generally want to see that the person has completed the sentence, stayed out of trouble, and met all waiting periods.
Dismissed Felonies Are Different
A dismissed felony is not the same as a felony conviction. If your felony charge was dismissed, you may have strong options for expungement. However, the waiting period may depend on how the case was dismissed.
For example, a nonviolent felony dismissed after successful completion of a deferred sentence may require a waiting period before expungement is available. The person must also avoid new charges and meet other statutory requirements.
Expungement Is Not Automatic
Even if you appear eligible, expungement may not be available in your case. The court may consider whether the harm to your privacy outweighs the public interest in keeping the record available. Additionally, law enforcement or the Oklahoma State Bureau of Investigation may object to expungement.
An Experienced Criminal Defense Attorney Can Help You Seek Felony Expungement
If you want to clear your record of a felony, an Oklahoma expungement lawyer can help you understand your options. A lawyer can determine whether your felony is eligible and identify any waiting periods or disqualifying issues. A lawyer can also gather supporting documents and prepare your petition.
Contact Josh Lee & Associates to schedule a confidential consultation to discuss your options.
