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Oklahoma Expungement Laws Change on November 1st

On Behalf of | Aug 21, 2018 | Criminal Defense |


On November 1st the expungement laws in Oklahoma will change, allowing thousands of people with a single felony conviction in their past to qualify immediately for an expungement. What is an expungement?

Who Qualifies?

  • Individuals with 1 prior, non-violent, felony conviction
  • No misdemeanor convictions in the past 7 years
  • No felony or misdemeanor charges currently pending (being on probation for a misdemeanor counts as pending)
  • at least 5 years have passed since the completion of the sentence for the felony conviction 

Who Doesnt Qualify?

  • Individuals with more than 1 prior felony conviction
  • Individuals currently on probation
  • If you completed your sentence on your single felony conviction less than 5 years ago
  • Individuals convicted of a misdemeanor less than 7 years ago

What if I have 2 felony convictions?

  • If you have 2 felony convictions, this part of the statute applies:  13. The person was convicted of not more than two nonviolent felony offenses, not listed in Section 571 of Title 57 of the Oklahoma Statutes, the person has received a full pardon for both of the nonviolent felony offenses, no felony or misdemeanor charges are pending against the person, and at least twenty (20) years have passed since the last misdemeanor or felony conviction;

What if I have 3 or more felony convictions?

  • You cannot get any of them expunged at this time

How much does an expungement cost?

  • The total cost depends on the County the case was in and the law enforcement agency that arrested you.  Example: the Oklahoma City Municipal Counselor’s office charges $150 to expunge internal OCPD arrest records.  Also, in some counties we can file the expungement within the original case number, saving a $150 filing fee.  In other counties (Oklahoma County) we have to file a separate civil case, requiring a filing fee of $150.
  • All expungements require a $150 processing fee to the OSBI
  • Attorneys fees vary by County generally running between $500 and $1500. 

What do I need to do to see if I qualify?

  • Simply fill out the form found here: Contact the Swain Law Group
  • Be sure to include the full name of the person seeking an expungement, date of birth, and County the case(s) were in.
  • All inquiries will be researched and responded to within 48 hours