Turn Over a New Leaf
Video Transcript: What is a Section 18 expungement in Oklahoma? Hi, I’m Ty Smith, Oklahoma lawyer with Wirth Law Office, and expungements are a way of wiping the slate clean of your criminal record.
Although it’s a bit like trying to fully erase a mark on a piece of paper, it gets it mostly gone, but this trace is still there a little bit. Same metaphor applies here. You’re never going to completely erase everything from your record, and there are certain circumstances that are required for you to even qualify for the expungement on the book. Section 18 is typically a more holistic cleaning of your record, and so it’s normally the one that I lean towards.
However, it is more, the requirements as I state are more stringent than some of the other type, which we’ll talk about in another video. This video we’re actually going to break up into two parts, so this is definitely part one.
So with an expungement, generally the public cannot see your record, but law enforcement is still going to be able to see it. And if you are charged with a subsequent crime, they’re going to be able to look and see, “Ah, he has an expunged misdemeanor or felony,” still going to be able to used against you, okay? It doesn’t reinstate your rights if it was a felony. The only thing it does, it keeps the public from knowing about all this, but the FBI and the OSBI will still be able to look all this up.
There are 15 circumstances, but I’m going to go over half of those now.
First off, if you are acquitted of the crime that you allegedly committed. Two, if you’re found factually innocent by DNA testing. Three, if you’re arrested, but no charges were filed. Forgive me because I am kind of reading. Some of this stuff’s very complicated. I want to make sure I get it right. So I’m kind of reading off a cue card. Four, you’re charged with a felony and it was all dismissed. You were never charged with a felony afterwards or any misdemeanors afterwards. And none of those are pending. No misdemeanors or felonies are pending. Let’s see, you’re charged with a non-violent felony.
The charges were dismissed after a deferred or delayed. You’ve not been convicted of a felony or a misdemeanor for five years and no charges are currently pending against you, okay?
If you’re convicted of a misdemeanor, you were sent to imprisonment on a suspended sentence or a fine of $500. You have no felony convictions since, and you have no charges currently pending and that’s been five years since you have finished your sentence.
Let’s see, there’s another one you’ve not been convicted of a two or more sexually based crimes that would land on the sex offender registry. And lastly, for this video, at least you’ve been convicted of a non-violent felony that was reclassified as a misdemeanor after you were found guilty.
Now we’re going to go to part two, but if you would like to speak with me about possibly walking you through the expungement process, I can help you with that. Once more, my name’s Ty Smith, Oklahoma City expungement attorney with Wirth Law Office. You can find me at theoklahomacityattorney.com, or you can call my office at (405) 888-5400.
