Legal Question in Criminal Law in Oklahoma

Re: Deferred sentence, felony

Under the law in Oklahoma it is supposed to be expunged automatically. However, the court clerks do not do it in most counties. Consequently, you have to file a Petition for an expungement and set a hearing date. Usually you can circulate an agreed order to the affected agencies and they will sign it before the hearing date and then the judge will sign it. I do expungements. If you have more questions, you can reach me at 942-7844.

Re: Deferred sentence, felony

The whole point of receiving a deferred sentence is that, assuming the state does not allege that you violated the terms of your probation, you are NEVER considered to have been convicted of the crime -- not even while you are on probation. The court clerk may screw something up in their records, which happens from time to time; but, even in Oklahoma county, the DA's office will automatically file a dismissal of your case after you successfully complete your period of probation. So, if your sentence has been deferred, you are NEVER considered to have been convicted in the first place. Unless OSCN mistakenly reflects a conviction (this, you should check), the more appropriate question is whether you are entitled to having the notation of arrest removed from your OSBI record. This question is determined by statute and may be more problematic for you. A lawyer would need to know the specifics of your case in order to determine how he may help you.