A felony has a big impact on a person’s life and if you live in Oklahoma, you’ve come here trying to find out how to get the felony off your record.  Realize that with all felony records, there are three options you can take.  1) Expunge Your Record 2) Seal Your Record 3) Request a Pardon of Your Record. The problem though is that all states don’t offer all three of these options. But before we get into what Oklahoma offers, let’s review what each of these options actually mean.

Expungement

If you get your record expunged in Oklahoma it’s as if your arrest and/or charges never happened. Your record is completely destroyed, including all physical and public records. When asked if have a criminal record, after expungement, you can truthfully answer “no”.

Record Sealing

Sealing your record in Oklahoma is similar to expungement, but your record still exists in a limited form. The public does not have access to your record, but there are some exceptions. Your records can still be accessed by law enforcement and the courts. Record sealing is not as secure as expungement, but it is a reasonable alternative that is comparatively easier to obtain if your state offers it.

Pardons

If you receive a pardon in Oklahoma, you still have record of your arrest or charge, but your guilt is exonerated. That is, you have proven that you are rehabilitated and forgiven for your crimes. You can also get relief in terms of having various rights restored, such as your right to vote. The requirements for pardons vary between states, but typically there is a lot of documentation required, and includes lengthy waiting periods to apply and receive a pardon.

 

Things to Know Before You Start

First: It’s important to understand that every state is different in terms of what methods are available for felons to remove their record and the information below will help you understand what you can do in Oklahoma.

Felony Expungement in Oklahoma

No, it is not possible to expunge your felony in Oklahoma.

Sealing a Record in Oklahoma

Yes, it is possible to seal your record in Oklahoma but it depends on the felony.

Getting a Pardon in Oklahoma

Yes, it is possible to get a pardon of your record in Oklahoma but it depends on the felony.

Second: When trying to clear your record, you really have two options.  The first is to get a free consultation from a lawyer to see what they think of your case, and the second is to try to do all of the paperwork yourself.  

Third: We HIGHLY recommend that you get a free consultation from a lawyer prior to taking any action.  We say this because whether you want to expunge, seal, or pardon your record, it’s an extremely complicated process.  Failure to follow the process properly can end up with you being denied for the request and having to wait additional time (sometimes several years) before you can file again.  In addition, getting an expungement lawyer can increase your odds of succeeding and sometimes it’s more affordable than you think.  The first step is to click on the button below to confirm that you’re eligible for the expungement/sealing off your record.

Can You Expunge a Felony in Oklahoma?

In Oklahoma you cannot expunge a felony; your record cannot be completely erased. Instead, expungement is referred to as sealing your record.

Can You Seal Your Criminal Record in Oklahoma?

There are two main types of expungements (ways to seal your record) in Oklahoma.  An expungement under Section 18 which seals your entire criminal record, including an arrest record, and an expungement under Section 991(c), which results in a “guilty” plea being changed to “not guilty,” and updating the criminal record to a dismissal—in other words, the conviction is sealed, but the arrest record remains.

Only nonviolent felonies where you meet certain eligibility requirements allow you to apply to have your record completely sealed.

Otherwise, you must obtain a pardon from the Governor before being eligible to have your record sealed, and 10 years must have passed from your felony conviction.

CANNOT SEAL IF…

Prior or pending felony charges. If you have any prior or pending felony charges, you are not eligible to have your record expunged. Violent felony offense. You cannot apply for expungement if you were charged with a violent felony offense; only nonviolent felony offenses are eligible.

How to Seal Your Criminal Record in Oklahoma

• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to seal your record.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible to seal your record based on our test, then you should stop here.
• If you are eligible to seal your record based on our test and want to do this without a lawyer, continue reading. Steps to apply for expungement in Oklahoma

Step 1. Draft the Pleadings
• The first step in obtaining an expungement, after making sure you qualify is to draft the Petition for Expungement.
• You need to include the name and address of the proper representatives of the various agencies involved.
• You will also need to draft an Order Setting Hearing and an Agreed Order of Expungement.

Step 2. File the Petition
• Go to the courthouse and file your Petition for Expungement

Step 3. Leave the Petition and Order setting Hearing
• Take a copy of the filed Petition for Expungement and the blank Order Setting Hearing and leave it in the judges “in box”. The judge’s “in box” is located in the judge’s chambers.

Step 4. Mail the Pleadings
• Mail a copy of the Petition for Expungement to everyone listed on the certificate of mailing off the Petition.

Step 5. Pick-up the Hearing Order
• In a couple of days you have to return to the Courthouse and pick-up the signed hearing order.
• The hearing order will be in the judge’s “out box’ in the judge’s chambers.
• You then must make copies of that order and file it.

Step 6. Mail the Hearing Order
• Repeat the steps for the mailing, but this time just mail and/or deliver the Hearing Order.

Step 7. Circulate the Agreed Order
• Even though you have mailed the Agreed Order previously, you need to circulate the order so that all parties can sign it.
• It makes most sense to get it signed by the OSBI and then circulate it to the other parties.
• You may be able to get this done at the hearing if everyone plans on attending

Step 8. Attend the Hearing
• Attend the hearing and get the order signed by everyone in attendance and the judge.

Step 9. File the Expungement Order
• Before you file the hearing make copies!
• Get extra copies and get at least two (2) certified copies. Then mail the filed Agreed order to the same parties you previously mailed it to.

Step 10. Pay the OSBI
• The final step in getting the record expunged is to mail a certified copy of the Agreed Expungement Order to the OSBI, along with the necessary fee ($150).

Can You Apply for a Pardon in Oklahoma?

Pardons can only be granted by the Governor, although the Parole Board receives the information necessary to fulfill its statutory role of preparing a pardon packet and issuing a recommendation to the Governor.

CANNOT PARDON IF…

Out-of-state conviction – You must have been convicted of a violation of Oklahoma law, otherwise you cannot apply for a pardon. Incomplete sentence and unpaid fines. You must not currently be in jail or prison, having pending charges against you; you must also have paid all fines, fees, restitution, court costs, etc. in full. Discharge sentences – You must have discharged all sentences, including post-imprisonment supervision.

How to Apply for a Pardon in Oklahoma

There is a specific process to follow to apply for a pardon in Oklahoma. The entire application, along with a Pardon Certificate, will be submitted to the Governor for consideration. The Governor has 90 days to make a final determination regarding your application. The Governor may choose to deny or grant your pardon. 
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to request a pardon for your record.  In most cases, if you are eligible for expungement on our test, then you’ll be eligible for a pardon.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because requesting a pardon is mostly paperwork) and see what other helpful information they can give you. 
• If you are not eligible based on our test, then you should stop here. 
• If you are eligible based on our test and want to do this without a lawyer, continue reading.
• You can find the pardon application here. When complete, send all documents to the Parole Board at: Oklahoma Pardon and Parole BoardP.O. Box 53448Oklahoma City, Oklahoma  73152Attn: General CounselSteps to apply for a pardon in Oklahoma

Step 1. Fill out your form.
• The form will ask for basic information such as your name, address, date of birth, immigration status, marital status, education history, employment history, residence history, financial status, and any aliases you have ever used, among other things.Step 2. You will be asked information about all arrests which you have ever received, including those which you are not seeking a pardon for. The Board wants to know the date you were arrested, the charge (if any), the relevant facts, the law enforcement authority involved, the location, and the disposition (outcome) of the incident.Step 3. There is an important section on the application form that asks you to state in full your reasons for seeking a pardon.
• In your person statement, don’t simply state that you want a clean criminal record again.
• Tell the Board/Governor how your conviction has negatively affected you and/or your family.
• For example, explain how you have been denied housing or employment opportunities because of your conviction, and how this has prevented you from providing you and your family an adequate standard of living.
• Submit any proof you may have (such as denial letters) that support your claims.
• If you are facing deportation because of a conviction, explain how being separated from your family will negatively affect you as well as them.
• If you are pursuing a career in a field that requires you to obtain a pardon, submit documents, letters, or other proof from a prospective employer, licensing agency, or attorney verifying this necessity.
• If you need to regain your gun rights, explain why you need this—for example, you are pursuing a career that requires the use of firearms.
• Also indicate in your personal statement all the positive things that have occurred in your life—for example, educational achievements, new or stable employment, marriage and children, community involvement, charitable services or donations, law-abiding behavior, etc.
• Submit copies of your college transcript, high school diploma or GED, military certificates, marriage certificate, honors and awards, and other proof of your rehabilitation and good character.
• Explain what your future plans are and how a pardon would help you.
• In writing your personal statement, keep in mind that the Board/Governor will not be retrying you for the offense.
• Although you may feel the need to explain the facts of the crime from your perspective, avoid trying to make excessive excuses for your crime and arguing away your guilt.
• However you feel about the crime, you have already been found guilty.
• The Board/Governor is probably more interested in seeing your remorse for the crime, and your understanding of its effects on the victim and society, than anything else.Step 4. You will be required to submit the following items along with your application form:
• A certified copy of the Judgment and Sentence (bearing the county seal) for each conviction.
• A current credit report.
• Proof of employment.
• Proof of your residence.
• A certified statement (which must bear a seal) from the court clerk stating that all of your fines, restitution, and other court-imposed costs have been paid.
• At least three character affidavits (signed before a notary public). If you use more than three, you must designate three to be the “primary references.”Step 4. Notarize the form wherever it is required. Step 5. Send the completed Application package to:General CounselAttn: PardonsFirst National Center120 N. Robinson Ave., Ste. 900WOklahoma City, OK 73102-7436Telephone (405) 602-5863
• Upon receiving a complete application, the Oklahoma State Bureau of Investigation (OSBI) reports are ordered and received.
• This process may take anywhere from two (2) weeks to several months depending upon OSBI resources available for processing such requests.Step 6. The application will be assigned.
• It will go to the Oklahoma Department of Corrections District Office of Probation and Parole by address for in-state applications to have a pre-pardon investigation performed.
• It will be assigned to the General Counsel for the Board for out-of-state applications to have a pre-pardon investigation performed.
• By law, the investigating authority is allowed 70 days to complete the investigation.
• The investigator will verify all information submitted in the application and then compile a report and submit it to the Office of the General Counsel for the Parole Board.
• The application is then placed on the next available docket for the Board to hear the request for Pardon.Step 7. For the hearing, you may choose to appear before the Board and speak on your behalf. 
• You may bring a representative.
• Only one person will be allowed to speak to the Board regarding the reasons for needing the Pardon.
• The speaker will be given two (2) minutes to speak to the Board. The Board Members may or may not have questions for you. Step 8. Obtain your results.
• You may contact the Parole Board Administrative Office the Monday following the Board meeting after 9:00 a.m. to obtain the results.
• The Board may choose to deny the application or to recommend the pardon to the Governor.
• If a Pardon is granted by the Governor, she will sign a Pardon Certificate and file it with the Oklahoma Secretary of State.
• If a pardon is denied by the Governor she will file a denied certificate with the Oklahoma Secretary of State and communicate to the General Counsel of the Parole Board such denial.
• If an application is denied at either stage of the process, you may re-apply in one year from the date of denial.You will need to submit an updated credit report, proof of residence, proof of employment, and character affidavits at the time of re-application.

So, there you have it.  Three separate ways to get rid of your record in Oklahoma.  As we’ve said numerous times throughout this page, this is a really complicated process and we highly recommend that you take this eligibility test prior to taking any action to determine if you are eligible for any of these options.

Please note, the information contained here is not legal advice and is strictly informational.  If you have any further questions about the information above, or in general, you need to contact a lawyer directly.