Expungements allow you to seal your court record or arrest record. This prevents the public from having access to the information.
You are here
Criminal History Record Expungement
What is an expungement?
What is the difference between a Section 18 and Section 991(c) expungement?
A Section 18 expungement allows a person to expunge their entire arrest record. A Section 991(c) expungement allows a person who received a deferred sentence to expunge their plea, and have the disposition of their case updated to show the case has been dismissed. The disposition will say, “pled not guilty, case dismissed”. However, a 991(c) expungement will not expunge (remove) the arrest record.
How much does an expungement cost?
Expunging your court record is free. Expunging your arrest record requires paying a $150 processing fee. It may also require fees be paid to local law enforcement agencies expunging their records. The OSBI accepts cashier’s checks or money orders. Personal checks WILL NOT be accepted.
Do I need a lawyer to get an expungement?
There are specific paperwork, notice, and legal requirements necessary in order to successfully petition for an expungement of your arrest records. The OSBI strongly suggests you get a lawyer to advise you of the proper actions to take. If you decide to represent yourself, the court will hold you to the same standards for knowing and following the applicable law as it would an attorney.
Who can file an expungement?
Anyone qualified under the applicable statute can file the paperwork necessary to begin the expungement process.
What information should I include when requesting an expungement?
When you send the OSBI your Petition for Expungement or an Order of Dismissal and/or Expungement you should include the following information in order to successfully complete your expungement: The OSBI needs to know your name, social security number, date of birth, the crimes that you were charged with, the date of your arrest, and the disposition (end result) of your arrest and/or charges in court.
If domestic-related charges occurred, please provide a police narrative or report that states the relationship to the victim so it does not cause a delay in processing your expungement. This includes the following:
|
21.644.1 |
DOMESTIC ABUSE WITH PRIOR PATTERN OF PHYSICAL ABUSE |
|
21.644.A |
ASSAULT |
|
21.644.B |
ASSAULT AND BATTERY |
|
21.644.C |
DOMESTIC ASSAULT AND BATTERY |
|
21.644.D.1 |
DOMESTIC ASSAULT AND BATTERY WITH A DANGEROUS WEAPON |
|
21.644.D.2 |
DOMESTIC ASSAULT AND BATTERY WITH A DEADLY WEAPON |
|
21.644.E |
DOMESTIC ASSAULT AND BATTERY AGAINST A PREGNANT WOMAN |
|
21.644.F |
DOMESTIC ASSAULT AND BATTERY RESULTING IN GREAT BODILY HARM |
|
21.644.G |
DOMESTIC ABUSE IN PRESENCE OF MINOR |
|
21.644.J |
DOMESTIC ASSAULT AND BATTERY BY STRANGULATION |
|
21.645 |
ASSAULT AND BATTERY WITH DANGEROUS WEAPON |
|
21.646 |
AGGRAVATED ASSAULT AND BATTERY |
|
21.1173 |
STALKING |
|
22.60.6.A |
PROTECTIVE ORDER VIOLATION |
|
22.60.6.B |
PROTECTIVE ORDER VIOLATION RESULTING IN PHYSICAL INJURY |
If I have multiple arrests to be expunged, do I have to file each arrest separately?
Multiple arrests in the same county can be filed for in one petition, however, a separate petition must be filed for each county where a person has records they want expunged.
What is the time frame for the expungement process?
After receiving a certified copy of the order, expungement of court records can take about one month after the OSBI receives the order, expungement of arrest records usually takes a similar amount of time after receipt of the order and the required fee.
Do I qualify for an expungement?
The OSBI cannot pre-approve someone for expungement. However, the statutory categories for people who are eligible for expungement are listed in Title 22 of the Oklahoma Statutes, in section 18(A). View the Expungement pamphlet.
When requesting an expungement, does it matter how long ago the arrest occurred?
No. If a person is eligible for expungement, the age of the record will not disqualify them.
Can the OSBI object to my request even if I qualify for an expungement?
Yes. Even if a person qualifies for expungement, the State can object to an expungement being granted.
If my record is expunged, will my FBI record be expunged as well?
Yes.
Will I be notified when my record has been expunged
No. Your record can be checked by sending in a request to the OSBI.
Will my fingerprint cards be destroyed if my expungement request is granted?
No. Expungements do not allow destruction of physical records. Additionally, identifying information, including fingerprints may still be maintained by the OSBI by law. Such identifying information, however, will not reference or be attached to the sealed arrest information.
What are the qualifications for an expungement?
See Oklahoma Statutes Title 22 § 18 & Title 22 § 19; Title 22 § 991c