Oklahoma Criminal Record Expungement Attorney
Erasing all Felonies & Misdemeanors
Every County and Every Court in Oklahoma
Flat Fees, 45-60 Day Turnaround
Michael A. Risley, Attorney
Frequently Asked Questions
HB2397: Oklahoma's expungement laws amended November 1st, 2016
We are very proud to announce that Governor Fallin has signed HB2397, the second expungement amendment bill written by Michael A. Risley. The following changes are coming to Oklahoma's expungement laws, on November 1st, 2016:
- Felony deferred sentences can be expunged after 5 years, instead of 10;
- Misdemeanor suspended sentences can be expunged after 5 years, instead of 10;
- Misdemeanor tickets can be expunged immediately, instead of after 10;
- Two non-violent felony convictions can now be expunged, instead of just one;
- Civil records relating to the underlying criminal arrest can now be expunged;
- DNA from expunged records is now automatically inadmissible in later prosecutions;
- Misdemeanor convictions no longer disqualify deferred sentence expungements;
- Limit SSN & DOB records on court documents (going forward, not retroactive);
Our office is forever thankful for the opportunity to draft this law, and we would like to extend our deepest gratitude to Representative Dunlap for sponsoring the bill. We also want to thank all of the House and Senate members we worked with on amendments, and our friends in law enforcement who gave us feedback before the bill was submitted. We couldn't have done it without you.
What is a criminal record expungement and why do I want one?
Expungement is an attorney-led process that uses the Courts to erase or change criminal record(s).
Expungements can erase records with the Court Clerk, OSCN.net, ODCR.com, OSBI, Law Enforcement, the Dept. of Corrections, the Pardon & Parole Board, third party websites, and background check companies.
Expungements can also allow you to deny that a criminal incident ever occurred, and can keep employers from denying you employment based solely on your criminal record.
Even if you can't erase your records, you may still be able to change them with an expungement: for example, by amending your records from "Pled Guilty, 5 Year Deferred Sentence" to "Pled Not Guilty, Case Dismissed."
People seek expungement because their criminal records negatively impact their careers, educational goals, and their personal lives. To get a quick answer on whether or not you qualify for an expungement, speak directly with an attorney.
Why should I hire you instead of someone else?
We are Oklahoma's most experienced and most successful expungement practice. The facts speak for themselves:
We file more expungements than any other attorney in the state of Oklahoma.
We have a 99.9% success rate (we are required to remind you that past case results do not guarantee or predict a similar result in any future case.)
We have successfully expunged thousands of crimes, and no crime is too difficult: we've done everything from bad checks to first degree murder acquittals.
We are Oklahoma's only statewide privacy practice: we have filed cases in more than 85% of the counties in Oklahoma, and no other expungement attorney can match our statewide experience.
Our consultations are always free and easy: give us a call anytime at 405.801.2116, and we'll tell you exactly where you stand.
We charge a flat fee, so that you know how much you are going to owe, and we will price match any offer from any competitor.
We work on a timeline so that you will know when your expungement will be completed.
Speak directly with an attorney and give us the opportunity to show you what we can do for you.
My Attorney / the Prosecutor told me my charge would be automatically expunged? Why isn't it?
We've heard this from Clients, time and time again. There are three likely scenarios:
1. Someone didn't finish the job.
Sometimes, Attorneys tell you your record will be clear after you serve out your plea, but they don't take the extra steps necessary to complete the expungement paperwork when your probation is over. Then, when you try to call them, they suddenly aren't available to help you anymore.
It's a frustrating experience, we know. Hire someone with a proven record of client satisfaction, and get it done right.
2. Someone didn't have any idea what they were talking about.
Attorneys who have never even heard of expungements will still take your case, do a little bit of research, and then file some paperwork for you.
If your Attorney is diligent, hardworking, and came across the right answer for your problem, you might get a good result. If your Attorney is busy, was only interested in the money, or missed the right answer for the problem, you'll probably get a bad result.
Rather than take a gamble on which result you get, hire someone who knows what to do right out of the gate, with a proven record of experience, and ensure that your expungement gets handled correctly.
3. Someone knew just a little bit, but not enough.
Even if you have an Attorney who knows a little bit about expungement, they probably are not an expert - they will tell you that you are going to be "expunged", but they don't get into specifics about what that means.
We often see this situation when a Client tells us they were "supposed to be expunged," but their OSBI record still appears. Most of the time, what happened was that they got a 991c expungement instead of an 18/19 expungement, and no one told them there was a difference.
Other times we find Clients who were denied their expungement by a Judge, because their Attorney was able to file the right paperwork, but didn't have the expertise necessary to get the job done right when things got complicated.
Attorneys who know just a little bit of expungement law are the prime culprits in this scenario: they assure you that everything will be fine, but they are unspecific about the price and the completion timeline, they can't tell you what type of expungement you are getting, they can't tell you which records will be erased and which will be kept, and they can't advise you on what you should tell other people about your record.
You deserve to get expert relief, tailored to your needs: speak directly with Michael to discuss your options.
What if someone filed a Protective Order (VPO) against me? Can that be expunged?
Yes. VPO's can be expunged, just like a criminal charge. Learn more here.
Another attorney handled my expungement, and it was denied. Can I reapply?
Yes. Oklahoma law gives courts the authority to reconsider the expungement of your criminal record, in a limited set of circumstances. Speak directly with an attorney to see if qualify for a reapplication.
What about Mugshot websites? Can those be expunged?
Mugshot websites are a new and exceptionally disgusting development in privacy law.
These websites copy public records like mugshots, post them on the internet, and then push them up in the search rankings so that they show up first when people search for your name. Then, they charge you $200-$400 to remove them.
Adding to the frustration, after you have paid to have them removed from one mugshot website, they will be reposted on another affiliate website, which charges another fee for removal. The process continues ad infinitum.
Expungement is the only way that records in Oklahoma can be permanently removed, so that mugshot websites cannot copy them. Give us a call, and speak directly with an attorney today about mugshot removal.
If I have a criminal record, is there one record or many different records?
Each crime generally creates several types of criminal records:
1. Arrest Records with the Arresting Agency (example: police reports with the City of Oklahoma City Police Dept.);
3. A Background Check Entry with OSBI, the Oklahoma State Bureau of Investigation (example: arrest date, charge, and disposition information);
4. Incarceration Records with DOC, the Dept. of Corrections (example: details of time spent in prison).
Otherwise, there is not a single "master" criminal record that holds all crimes on your record, and different agencies have different policies as to which crimes they do or do not report. The closest thing to a "master" criminal record, in Oklahoma, is your OSBI criminal record check, which is expungeable. The OSBI criminal record check is typically the "background check" paid for by Oklahoma employers, as well.
As for Federal records, their databases generally pull from State organizations such as OSBI, so by clearing your State records, you are also clearing Federal records. Federal records that exist independent of State records (such as Federal crimes) will remain.
To see if you qualify for an expungement, speak directly with an attorney.
What is the difference between an expungement and a pardon?
An expungement erases or improves criminal records. A pardon restores the civil rights that you lose after a felony conviction.
In the event that a person cannot qualify for expungement, a pardon may be a significant step in helping to alleviate the problems caused by a felony conviction, especially for people who are permanently unexpungeable. Read more about getting a pardon here.