From Felonies to Misdemeanors
Expungement in Oklahoma hasn’t always been as easy as it is now. In fact, it wasn’t always even possible. Oklahoma’s first law allowing expungement was back in 2002, when they allowed a single misdemeanor to be removed from a person’s record ten years after sentencing. Since then, the list of circumstances qualifying for expungement has expanded while the wait times have shortened.
In 2016, Oklahoma votes overwhelmingly voted to reclassify simple drug possession and property crimes under $1,000 from felonies to misdemeanors. At the time, it applied only to future cases of these charges. However, in 2019, the Oklahoma legislature decided to make the reform retroactive, which means people charged with these crimes as felonies before 2016 could now have them treated as misdemeanors. That greatly reduces the amount of time you must wait for an expungement.
Most misdemeanors have a waiting period of one year after completing your sentence before you can get it expunged. However, these specific reclassified charges can be expunged in as little as 30 days after you complete your sentence. In addition to completing your sentence, you must also fully pay restitution and complete any court-ordered treatment.
Back to Work
Oklahoma legislators have continuously made expungement easier and more accessible. One reason for this is that they want people with criminal records to be able to work again. Once they’ve paid their debt to society, they should be able to contribute to it once again.
Employers do background checks on potential employees that reveal any criminal charges. Some employers may decide not to hire someone based on their criminal record. An expungement seals your records so it’s as if nothing ever happened.
Reclassified Felonies
Simple drug possession is the possession of marijuana or other controlled dangerous substances from schedules III, IV, and V. Examples of these substances are Vicodin, Ketamine, Xanax, and Valium. Note that a second count of possession of marijuana is still a felony.
Property crimes under $1,000 are crimes that involve illegally taking or damaging property that is not yours with a value of less than $1,000. Some examples are petit larceny, shoplifting, and vandalism.
These crimes are no longer felonies but have been reduced to misdemeanors. If you have completed your sentence for any of these crimes, you can have your record expunged 30 days after that.
For a low-cost consultation on expungement, call a post-conviction attorney from Wirth Law Office – Chickasha at (405) 272-4100. You can also fill out the form at the top of this page, and we’ll get back to you.