State Law Summary
The Oklahoma Second Chance Expungement Gap
The following is a summary of the law prepared by law students under the supervision of a professor based on consulting multiple sources. It is only up to date as of the dates shown below and in many cases we had to make judgment calls. Therefore we encourage you to also consult the sources below, as well as the Restoration of Rights Project that include summaries of the law for all 50 states and US territories.
Summary of the Law
Expungement of misdemeanor convictions if no charges are pending, no prior felony convictions, after 5 year waiting period from time of conviction. § 18(A)(11).
- If sentence was for a fine of less than $501 with no prison sentence, and misdemeanant has no felony convictions or charges pending, then waiting period is waived. § 18(A)(10).
- Expungement of convictions for misdemeanors formerly classified as felonies if restitution paid in full and any treatment program completed (30 day waiting period after completion of sentence). § 18(A)(15).
- Expungement of misdemeanor convictions if no charges are pending, no prior felony convictions, after 5 year waiting period from time of conviction. § 18(A)(11).
- Expungement of one non-violent felony conviction 5 years after completion of sentence, no prior felony convictions, no prior misdemeanor convictions for 7 years, with no charges pending (§ 18(A)(12)
- Expungement of not more than two felony offenses, neither of which is of serious violence or requires registration as a sex offender, 10 years clean after sentence completion. (§ 18(A)(13)
- Expungement of any felony for which a pardon was issued. (§ 18(A)(4).
- Not eligible: Felonies listed in § 57-571 and § 21-13.1.
- Lifetime or other Limits: No more than 2 felony convictions (subject to above exceptions in § 57-571 and § 21-13.1) may be expunged. (§ 18(A)(13).
- Treatment of Multiple Convictions from the Same Incident: “For purposes of seeking an expungement under the provisions of paragraph 10, 11, 12 or 13 of subsection A of this section, offenses arising out of the same transaction or occurrence shall be treated as one conviction and offense.” § 18(C).
- LFO payment required for sentence completion: Yes, all fines and fees must be paid § 18(A).
- Other Unmodeled Criteria or details:
- Expungement of nonconvictions if charges dropped, no prior felony convictions, no charges pending, and either statute of limitations expires (assume 1 year) or prosecuting agency indicates charges will not be refiled (cannot model) (does NOT apply to charges dismissed as part of deferred adjudication). § 18(A)(7).
- Expungement of deferred adjudication for misdemeanor if probation successfully completed, no prior felony convictions, no charges pending, with 1 year waiting period from dismissal of charge. § 18(A)(8).
- Expungement of deferred adjudication for felony if probation successfully completed, no prior felony convictions, no charges pending, with 5 year waiting period from dismissal of charge. § 18(A)(9).
- Expungement of arrest records if no charges filed, acquittal or reversal of conviction, or if actual innocence established by DNA evidence or from the Governor’s pardon. §§ 18(A)(1)-(5).