The Expungement Process (The Basics)
- We research and analyze your criminal record
- We let you know what charges are eligible to be expunged
- You pick what charges you want us to expunge off your record
- We get to work
- If all agencies sign off, we let you know and you are good to go!
- If all agencies do not sign off and a hearing is required to proceed with the expunction, it will be your choice whether you want to have the hearing.
- If you do want to have the hearing, our team of attorneys will provide the best legal counsel possible to ensure your expungement is granted.
*disclaimer: The Oklahoma Bar Association does not permit any attorney to make guarantees of any kind as to the outcome or final disposition of your case.
The Expungement Process (The Details)
A petition must be filed in district court. This requires a filing fee. The petition is something that must be drafted to the exact needs of the client. In other words, no two petitions are the same. The court clerks do not have premade forms or templates.
Once filed, the matter is assigned to a judge. The judge’s clerk will set a hearing date at least 30 days out since the law allows the other parties 30 days to file an objection.
After getting a hearing date, notice must be given to all the parties involved (every agency where records are to be expunged). Copies of the petition and notice of the hearing must to be sent to all of the above-mentioned parties, which include OSBI, the prosecuting agency, the arresting police department, the court clerk, and/or any other party if required.
Expungement Hearing:
If none of the parties object and sign off on an order, then a hearing is usually not necessary. Most judges will sign an agreed order and not require everyone to come.
If a party objects, they are required to object in writing and send a copy of their objection to all the other parties involved. If the objection cannot be resolved prior to a hearing, then the parties will be required to appear for a hearing. The burden is first on the petitioner to show that what he seeks to expunge qualifies for an expungement by fitting into one of the listed categories of Section 18. If there is an objection, it is usually about whether the matter fits within the prescribed categories.
The petitioner’s record may be expunged If the record fits a category (or a judge finds that it fits), unless the objecting agency can convince the court otherwise. These objections are not made very often.
Court Decision & Appeal: Once the court issues an order, for or against, the party that is not satisfied with the decision can appeal it to the appellate courts. This can take time – months – to get a final decision. The appellate court can reverse the lower court’s decision or affirm it.