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Expungement Questions

How do I get an arrest expunged?

In order to have an arrest record expunged you must petition the District Court in the District the arrest was made.

Do I need a lawyer?

The OSBI generally stresses that you hire a lawyer. However, the language describing the method of obtaining an expungement is in Title 22 Section 18, and Title 22 991(c) of the Oklahoma Statutes.

What is the difference between a Section 18 and Section 991(c) expungement?

A Section 18 expungement allows a person to expunge their entire arrest record.

A Section 991(c) expungement allows a person who received a deferred sentence to expunge their plea, and have the disposition of their case updated to show the case has been dismissed. The disposition will say, "pled not guilty, case dismissed". However, a 991(c) expungement will not expunge (remove) the arrest record.

Where can I get a sample of an expungement petition?

The necessary papers can be obtained from your attorney.

Does it matter that the arrest occurred more than 10-20-30 years ago?

No. The only requirement is that you meet the qualifications of the expungement statutes before an expungement can be granted.

What is a policy argument?

The OSBI will object to an expungement petition if we feel that the public interest in retaining the record outweighs the adverse consequences of keeping the record. Even if a person qualifies, we can object on policy grounds.

Will the Legal Office send me a copy of my rap sheet?

No. Your Criminal History is available through the Criminal History Reporting Unit of the OSBI.

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