Oklahoma's Protective Order (VPO) Expungement Attorney
Every County and Every Court in Oklahoma
Flat Fee Expungements, 45-60 Day Turnaround
Michael A. Risley, Attorney
Frequently Asked Questions
What is a Victim Protective Order (VPO) expungement and why do I want one?
A Victim Protective Order expungement is an attorney-led process that use the Courts to seal records of a Victim Protective Order (VPO) case, and allow a Defendant to deny that the Victim Protective Order incident ever occurred.
People seek expungement of Victim Protective Orders to put the past behind them; and it can help with their career goals, help them live in a certain area, and protect a person's reputation. Furthermore, Victim Protective Order records are embarrassing and freely accessible to the public on OSCN.net and ODCR.com. To find out if you qualify for a victim protective order expungement, speak directly with an attorney today.
What happens when the Victim Protective Order expungement is complete?
Immediately, the records on OSCN.net and ODCR.com are removed, and the physical records at the Courthouse are sealed and cannot be viewed without a Court order.
Second, the Victim Protective Order case and the incident behind it "shall be deemed never to have occurred." (22 Oklahoma Stat. §60.1 (C)(4)
Third, if asked about the expunged Victim Protective Order, such as on a job application, a person "may properly reply ... that no such action ever occurred and that no such record exists." (22 Oklahoma Stat. §60.1 (C)(4))
Fourth, you may not be denied employment solely on the basis of your non-disclosure of an expunged Victim Protective Order. (22 Oklahoma Stat. §60.1 (C)(6))
Finally, law enforcement may only use the Victim Protective Order record "in the due course of investigation of a crime." (22 Oklahoma Stat. §60.1 (C)(5)).
To find out if you qualify, speak directly with an attorney today.
Who qualifies for a VPO expungement?
Per 22 O.S. §60.18(A), you may have your VPO expunged if:
1. An ex parte order was issued to the plaintiff but later terminated due to dismissal of the petition before the full hearing, or denial of the petition upon full hearing, or failure of the plaintiff to appear for full hearing, and at least ninety (90) days have passed since the date set for full hearing;
(generally, where an emergency order was issued, but the final protective order was denied, or the Plaintiff failed to prosecute the case.)
2. The plaintiff filed an application for a victim protective order and failed to appear for the full hearing and at least ninety (90) days have passed since the date last set by the court for the full hearing, including the last date set for any continuance, postponement or rescheduling of the hearing;
(generally, where a final protective order was requested without an emergency protective order, but the Plaintiff failed to appear for the hearing.)
3. The plaintiff or defendant has had the order vacated and three (3) years have passed since the order to vacate was entered; or
(generally, where a protective order expired, or was vacated, and three years have passed.)
4. The plaintiff or defendant is deceased.
Another important thing to remember is that both the Plaintiff/Victim and the District Attorney must be notified of the expungement, and either or both parties may file an objection to the VPO expungement. For this reason, it is important to have a qualified expungement attorney represent you on a VPO expungement. Get in touch today.
Can I apply for a Victim Protective Order expungement if the Order is still active?
Generally speaking, if you had a final VPO entered against you for three or five years, you must wait for it to expire before it can be expunged.
In certain circumstances, you can have that VPO vacated and ask for an expungement early. Speak directly with an attorney to find out if you qualify.
What if I have a "permanent" VPO from the 1990's? Can I get rid of it?
Most VPOs which were entered before Nov. 1st, 1999 were "permanent" protective orders, and under the law in effect at that time, they will run forever. The only way to cancel those pre-1999 VPO's is to ask a Judge to vacate them, with the help of an Attorney.
There are also some "permanent" protective orders which were entered after 1999, although they are more rare, as most modern VPOs run for three to five years. Speak directly with an attorney to see if you qualify to have your "permanent" protective order vacated.
I am the Person who filed the Victim Protective Order - can I still ask that it be expunged?
Yes. Both the Victim and the Defendant have a right to ask the Court to erase Victim Protective Order records. There is no benefit to having one or the other file for the expungement - both parties are treated equally.
Is a Victim Protective Order different from a criminal case? How do I tell the difference?
Victim Protective Orders are civil actions, which are separate and distinct from criminal cases.
The easiest way to tell is to look for the case number: a Victim Protective Order case number begins with "PO", a misdemeanor case number begins with "CM", and a felony case number begins with "CF".
As an example, if PO-2012-236 were your case number, that indicates that (a) your case is a Victim Protective Order case because of the "PO," not a misdemeanor or felony case, (b) that your case was filed in 2012, (c) and that of all the protective order cases filed in 2012, yours was the 236th.
Also, a "Violation of a Victim Protective Order (VPO)" is a separate criminal charge, normally a misdemeanor. This is a criminal case, and will have a "CM" or "CF" case number. Both Victim Protective Orders and misdemeanor/felony "Violation of a Victim Protective Order (VPO)" cases can be expunged.