Oklahoma's Juvenile Record Expungement Attorney
Erasing all Juvenile Crimes
Every County and Every Court in Oklahoma
Flat Fees, 45-60 Day Turnaround
Michael A. Risley, Attorney
Frequently Asked Questions
What is a Juvenile expungement and why do I want one?
Juvenile expungement is an attorney-led process that uses the courts to erase or change juvenile and youthful offender criminal record(s).
Juvenile expungements can erase records with the Juvenile Court Clerk, the Office of Juvenile Affairs (OJA), OSCN.net, ODCR.com, OSBI, the Arresting Agency, the Jailing Agency, and the Dept. of Corrections. They can also allow you to deny that the offense ever occurred.
People seek juvenile expungements because the charges can appear on their background check, and make it hard to find a job or start their career. Furthermore, the existence of the records can be embarrassing on a personal level. To get a quick answer on whether or not you qualify for an juvenile expungement, speak directly with an attorney.
I was charged as a "Youthful Offender" or "YO": can I still be expunged?
Youthful Offenders (Y.O.) are a special class of juvenile offenders: generally, young adults between the ages of 13-17 who are charged with a "Serious Crime"; or who are otherwise classified as a Youthful Offender by a Judge, at the request of the District Attorney.
Assuming that you pled to a Y.O. Rehabilitation Plan, you can be expunged in the following circumstances:
- Immediately after you have completed your rehabilitation plan, you qualify for a partial expungement of your charge (technically speaking, a quasi-991c expungement). This can expunge the records of the Juvenile Court Clerk, and may also be used to update any public OSBI records that may exist, so that they show "Pled Not Guilty, Case Dismissed" instead of their original disposition.
- Three years after the completion of your plan, you may go back to the Judge and request that the remainder of your records be expunged. This full (quasi-18/19) expungement can expunge the records of OSBI, the Office of Juvenile Affairs, the Dept. of Corrections, and the Arresting Agency.
If you did not plea to a Rehabilitation Plan, you may still be expungeable. Speak directly with an attorney to expunge your Y.O. record.
What if I want to restore my civil rights after a "Youthful Offender" or "Y.O." conviction?
If you were charged as a Youthful Offender and completed a Rehabilitation Plan, then you are allowed to apply for a "set aside" to restore your civil rights, including the right to own a firearm and to receive a work license. The specific requirements for a Y.O. set aside are as follows:
- First, you "reasonably complied" with your rehabilitation plan;
- Second, you were discharged from supervision by the Office of Juvenile Affairs (OJA);
- Third, you completed your sentence as a Y.O. and have not received any subsequent convictions.
What if I was charged as a Juvenile, and not a Y.O.?
If you were charged as a Juvenile, and not as a Y.O. or as an Adult, you are generally expungeable in the following circumstances:
- Where a juvenile case was filed against you, but the case was dismissed, and a year has passed since the dismissal;
- Where a juvenile case was filed against you, but you have discharged your voluntary OJA supervision, and a year has passed since the discharge;
- Where a juvenile court intake was completed, and a year has passed from any of the following: (1) when the case was dismissed, (2) or where no petition was filed because of voluntary probation, (3) or where no adjudication occurred because of voluntary probation;
- Where the Juvenile completed a court-approved alternative diversion program or a deferred sentence;
- Where the Juvenile completed a court-approved military mentor program;
For C, D, & E, you must wait until either 1 year has passed from the triggering event, or when the Juvenile has turned 18.
Speak directly with an attorney to see if you qualify for a juvenile expungement.
What if I am an Adult, or I was charged as an Adult?
If you were an adult at the time of the offense, or if you were charged as an adult, you will need a non-juvenile expungement.
I thought my juvenile record were supposed to be confidential?
This is the source of much confusion.
Generally, people assume that if they committed an offense when they were under 18, their records should be confidential. This is not necessarily the case: if you committed a crime when you were under 18, but you were charged as a Adult, or you were charged as a Youthful Offender, your records may still be public.
Furthermore, even if you committed the offense when you were under 18, law enforcement may not properly note that your arrest is confidential. Or, you may be arrested when you are under 18, charged as a Juvenile, and then arrested again (for a probation violation or similar) when you are over 18 - the arrest that occurred when you are over 18 creates a public record of an adult arrest, despite the fact that it originates out of a Juvenile case.
If you have a public Juvenile record which you believe should be confidential, speak directly with an attorney to see if the record can be erased.
Under any circumstance, Juvenile records are supposed to be confidential, as stated in 10A Oklahoma Stat. §1-6-102:
A. Except as provided by this section and except as otherwise specifically provided by state and federal laws, the following [juvenile] records are confidential and shall not be open to the general public or inspected or their contents disclosed:
- Juvenile court records;
- Agency records;
- District attorney's records;
- Law enforcement records;
- Nondirectory education records; and
- Social records.
However, there are times that the system does not work as intended. Also, confidential juvenile records may still be viewed by most law enforcement agencies where state & federal laws allow them to do so. Speak directly with an attorney today to get your questions about juvenile records answered.
I have a Juvenile record that is still public - can that be expunged?
Yes! The final type of Juvenile expungement is a catch-all for non-confidential records that escape the net of the other types of expungement, discussed above. As detailed in 10A Oklahoma Stat. §2-6-109(A), you can be expunged where:
- You are twenty-one (21) years or older;
- You have not been arrested for any adult criminal offense, and no charge is pending against you;
- As an adult, you have not been subject to a deferred prosecution or sentence, and you have not been convicted of any criminal offense;
- All court costs, restitution, fines and other court-ordered requirements have been completed for all juvenile proceedings.
Following the expungement, the arrest and charge "shall be deemed never to have occurred." (10A Oklahoma Stat. §2-6-109(D)) Second, if asked about an expunged matter, such as on an employment application, a person "may properly reply ... that no such action ever occurred and that no such record exists." (10A Oklahoma Stat. §2-6-109(D)).
Speak directly with an attorney to discuss your juvenile expungement today.