Details on 18/19 Expungements in Oklahoma
Michael A. Risley, Attorney


Erasing all Felonies & Misdemeanors

Every County and Every Court in Oklahoma

Flat Fees, 45-60 Day Turnaround




Interested in getting a broad overview of expungement?

Read more here.

What is an 18/19 Expungement?

An 18/19 expungement is the maximum amount of expungement that you can get in Oklahoma, and it erases more criminal records than any other kind of expungement in Oklahoma. 

Additionally, it allows you to lawfully deny that the arrest & prosecution ever occurred - so you can check the "No" box when asked if you have been convicted, arrested, prosecuted, etc. Down the road, even if an employer or a state agency already has the record, or finds the record after the expungement is complete, they are not allowed to hold expunged records against you. 

Can you give me an example of how an 18/19 expungement works?

As an example, if a person was arrested by the Oklahoma City Police Dept. for felony Possession of Marijuana, plead "guilty", and completed a 3 year deferred sentence, they would have these criminal records:

  1. Arrest Records with the Police Dept., detailing the arrest itself;
  2. Court Records at the Courthouse, containing the court case documents;
  3. Court Records on OSCN.net / ODCR.com, posting the court records online;
  4. A Background Check entry with OSBI, showing:
    "Possession of Marijuana / Pled Guilty / 3 Year Deferred Sentence"

After the 18/19 expungement, the following would occur:

  1. Arrest Records with the Police Dept. would be sealed;
  2. Court Records at the Courthouse would be sealed;
  3. Court Records at OSCN.net or ODCR.com would be erased;
  4. The Background Check entry with OSBI would be erased;
  5. If asked, law enforcement and Court staff would reply that "No Record" exists as to the incident;
  6. You are empowered to deny that the incident ever occurred;
  7. Even if the record is found later, your employer and state agencies cannot hold it against you.

Qualification for an 18/19 expungement can be rather complicated, and takes into account a person's entire criminal record, not just an individual case. Speak directly with an attorney to see if you qualify.

I want to know the specifics of who qualifies for an 18/19 expungement:

As of November 1st, 2016, the categories of persons authorized to file for expungement through their attorney must be one of the following (22 Oklahoma Stat. §18(A)). If a person does not qualify under one of these categories, they often pursue expungement under 22 Oklahoma Stat. §991c.

A. Persons authorized to file a motion for expungement, as provided herein, must be within one of the following categories: 

1. The person has been acquitted;

2. The conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction, or an appellate court of competent jurisdiction reversed the conviction and the prosecuting agency subsequently dismissed the charge;

3. The factual innocence of the person was established by the use of deoxyribonucleic acid (DNA) evidence subsequent to conviction, including a person who has been released from prison at the time innocence was established;

4. The person has received a full pardon on the basis of a written finding by the Governor of actual innocence for the crime for which the claimant was sentenced;

5. The person was arrested and no charges of any type, including charges for an offense different than that for which the person was originally arrested, are filed and the statute of limitations has expired or the prosecuting agency has declined to file charges;

6. The person was under eighteen (18) years of age at the time the offense was committed and the person has received a full pardon for the offense;

7. The person was charged with one or more misdemeanor or felony crimes, all charges have been dismissed, the person has never been convicted of a felony, no misdemeanor or felony charges are pending against the person, and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled; provided, however, this category shall not apply to charges that have been dismissed following the completion of a deferred judgment or delayed sentence;

8. The person was charged with a misdemeanor, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, the person has never been convicted of a felony, no misdemeanor or felony charges are pending against the person, and at least one (1) year has passed since the charge was dismissed;

9. The person was charged with a nonviolent felony offense, not listed in Section 571 of Title 57 of the Oklahoma Statutes, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, the person has never been convicted of a felony, no misdemeanor or felony charges are pending against the person, and at least five (5) years have passed since the charge was dismissed;

10. The person was convicted of a misdemeanor offense, the person was sentenced to a fine of less than Five Hundred One Dollars ($501.00) without a term of imprisonment or a suspended sentence, the fine has been paid or satisfied by time served in lieu of the fine, the person has not been convicted of a felony, and no felony or misdemeanor charges are pending against the person;

11. The person was convicted of a misdemeanor offense, the person was sentenced to a term of imprisonment, a suspended sentence or a fine in an amount greater than Five Hundred Dollars ($500.00), the person has not been convicted of a felony, no felony or misdemeanor charges are pending against the person, and at least five (5) years have passed since the end of the last misdemeanor sentence;

12. The person was convicted of a nonviolent felony offense not listed in Section 571 of Title 57 of the Oklahoma Statutes, the person has not been convicted of any other felony or separate misdemeanor in the last seven (7) years, no felony or misdemeanor charges are pending against the person and at least five (5) years have passed since the completion of the sentence for the felony conviction;

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; or

14. The person has been charged or arrested or is the subject of an arrest warrant for a crime that was committed by another person who has appropriated or used the person's name or other identification without the person's consent or authorization.

Remember, that qualification for an expungement takes into account your entire criminal record - not just the particular case that you want expunged. Speak directly with an attorney to get a free consultation, and find out if you qualify for an 18/19 expungement today.