Legal Question in Criminal Law in Oklahoma

Record Expungement

I need to submit a motion in criminal court to expunge a conviction for which I recieved a deffered sentence. All the terms of probation were met and fines paid. Can you tell me which form I need to file and where I might be able to obtain it, either through a free site or a paid one? My understanding is that all though the court clerk closes it I still have to file something to get the police department copy sealed and the one with the Oklahoma State Bureau of Investigation.


Asked on 7/12/03, 11:19 pm

1 Answer from Attorneys
Chad Moody

Re: Record Expungement

You are probably not eligible to get the arrest records expunged. There are two kinds of expungements. A 22 O.S. Section 18 expungement gets rid of everything. A 22 O.S. Section 922 (I think that's the correct cite) expungement gets rid of court records but leaves arrest records. I would have to look at the statute to be certain, but you are probably not eligible for a Section 18 expunction.

I don't know of any pre-printed form for expungements. Usually, lawyers just draft them from scratch by putting down all of the pertinent information and then circulating an agreed order that is usually signed off on by all interested parties, e.g., OSBI, FBI, DA, Police etc. You may even want to notice credit reporting agencies.

Remember that how you draft the order is extremely important and that you must notice every party that you want to be bound by the order of expunction. You may even want to notice credit reporting agencies.

If you have other questions, I can be reached at 942-7844. Good luck.

Chad

Read more
Answered on 7/13/03, 1:22 pm


Related Questions & Answers

More Criminal Law questions and answers in Oklahoma