The criminal expungement process can clear an arrest as well as any charges or convictions that appear on your record. While some people use the terms ‘expungement’ and ‘sealing’ synonymously, they are actually different processes. Expungement refers to erasing documentation associated with a person’s criminal history, while sealing refers to when something is no longer part of the public record, but remains accessible to certain parties. 

Having a criminal conviction on your record can lead to serious complications in life that make it difficult to pursue things like housing and employment opportunities. It can be helpful to determine if you are eligible to have your criminal record expunged so you can start over with a clean slate. 

Expungement of Court Records is Different From Arrest Records

Some people think that arrest records are the same as court records. In reality, one expungement process does not address both types of records. Expungement requires paying a filing fee when petitioning the court. The Oklahoma State Bureau of Investigation charges $150 to process expungement, but expunging an arrest record costs an additional amount. 

No Notice of Expungement Will be Received

The Oklahoma State Bureau of Investigations does not provide notification of expungement. If you pursue a partial or full expungement, you will need to proceed through a criminal records check to determine whether your expungement was carried out. 

Expungement Will Impact Your FBI Record

Expungement of your record in Oklahoma comes with the additional advantage that your criminal background with the Federal Bureau of Investigation will be cleared. This is because expunging your state criminal record also expunges your federal record. 

Private Providers are Known to Retain Dated Info

Besides employing an internet search, employers sometimes retain private companies to perform background checks on candidates. These companies then download or purchase court records, but often only do so at fixed intervals, which means they might obtain out-of-date records. In these situations, you might be able to contact the private company and request that the dated information be removed. In these situations, you should prepare to provide a copy of the court record detailing your expungement. Some government agencies are also known to not promptly remove criminal records, even after expungement has been granted.

Impact of Expungement

After your record is expunged, you can legally state that the act from which the charges arose never occurred. Regardless, some government and other types of applications still sometimes inquire about any interactions a person has had with the police, even if the record was tossed out. If your record has been expunged, you are no longer obligated to disclose these details when applying for a job or housing. 

Contact an Experienced Oklahoma Criminal Defense Attorney

It is a good idea to acquaint yourself with Oklahoma’s various laws addressing how people can access details about your criminal history. Having a criminal record expunged can be especially difficult, but a criminal defense attorney can help you navigate this process. If you or a loved one needs the help of a criminal defense attorney, do not hesitate to contact Attorney Tracy Tiernan today.