How Long Does It Take For Expungement To Take Effect

Oklahoma, Criminal Law

Expungement tin seem like a scary and complicated process when you first start researching all the steps. It'due south normal to feel uncertainty, only at the end of the solar day, a shot at a second chance is worth it for a lot of Oklahomans.

For some people, expungement might equal new task opportunities, the ability to obtain a professional license, restored rights to own guns or vote in the side by side election. No doubt, it's frustrating when a criminal past prevents future success or the ability to savor basic freedoms granted to every other American.

Hither are some of the well-nigh common questions asked on how to remove a criminal record. Hopefully, these will reply a few for you! However, if you have more, you tin ever phone call us at Ball Morse Lowe, PLLC and speak with a trusted member of our team.

one. Is a criminal tape publicly available?

Yes. If you take a criminal record and you're not a juvenile, the information is ever public unless you lot've completed the expungement process to keep the records sealed.

2. What is expungement?

Expungement allows y'all to seal a court record or abort record, which prevents the public from viewing it, such as a time to come employer or a landlord.

3. If I have multiple arrests, do I have to file each ane separately?

Yeah. Generally speaking, you will demand to file a split expungement petition for each dissever arrest arising out of the same transaction or occurrence.

4. How much does it toll?

At that place is a $150 processing fee for abort records, plus any additional local processing costs and fees. Withal, you'll take to budget for your attorney expenses.

5. Exercise I qualify?

There is no pre-approving process for expungement in Oklahoma, and not anybody is eligible. Even if you are eligible, it does not guarantee that your case volition be expunged. All the same, 22 O.S. eighteen outlines xiv categories of cases that typically qualify for expungement.

Here are some examples to consider:

• People who were acquitted
• People who were victims of identity theft
• People who were arrested simply never charged
• People who were charged with a misdemeanor just successfully completed probation
• Individuals who were under 18 years of age at the time the law-breaking was committed and have received a full pardon for the criminal offence

6. Does the age of the tape thing?

There currently isn't an historic period limit on arrest records that disqualify them for expungement. It doesn't matter when the record occurred just every bit long as the person is eligible for expungement. However, it'south important to recognize that your eligibility may rely on a specific amount of time having passed since the case was resolved.

Do I need a Trust or Will?

7. Will my FBI tape be expunged besides?

Yes. If your records are sealed by the courts, that would include your FBI records likewise.

eight. Tin can my request for expungement be denied?

Even though your case may qualify, the Land reserves the right to object granting the expungement. Each case is handled differently and qualification isn't a guarantee that it'll exist accustomed.

9. How volition I know if my case is expunged?

In Oklahoma, you'll demand to transport a asking to the OSBI in order to be notified of the expungement.

10. What do I demand to include in my request for expungement?

Your Petition for Expungement or Order of Dismissal and/or Expungement request to the OSBI needs to include:

• Name
• Social Security Number
• Date of Birth
• Crimes Yous are Charged With
• Date of Arrest
• Disposition (End Result) of the Arrest and Charges

11. What is Department 18 and Section 991(c) expungement?

Department 18 expungement allows a petitioner to seal their entire arrest record. In contrast, Section 991(c) expungement allows an individual who successfully completed a deferred sentence to expunge their court records. Still, Section 991(c) will not remove the arrest record.

12. How long does information technology accept to remove a criminal record?

It can accept virtually a calendar month after the OSBI receives a certified copy of the order for the procedure to begin. The expungement process tin take upwardly to a month besides.

thirteen. Practice I demand a lawyer to go an expungement?

It'south recommended that individuals obtain a lawyer to complete the expungement process. OSBI "strongly suggests you get a lawyer to advise you of the proper actions to take. If y'all decide to represent yourself, the court volition agree you to the same standards for knowing and following the applicable law equally it would an attorney." Each petition requires specific paperwork, a notice and other legal requirements.

If y'all're ready to first your petition for expungement, reach out to our team today at (405) 701-6376. Or, continue your research by downloading our FREE guide on how to better your chances of criminal expungement.

Practise I need a Trust or Volition?

Source: https://www.ballmorselowe.com/blog/how-long-does-it-take-to-remove-a-criminal-record-your-top-13-questions-answered

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