Tulsa Attorney BlogCategory: Expungement
Can You Get Traffic Tickets Expunged in Oklahoma?
In the state of Oklahoma, the answer is yes and no and it depends on what your goals are and what you’re trying to do.
How Do I Check the Status of My Expungement in Oklahoma?
First off, if you’re filing for an expungement, you have representation, obviously, contact your attorney.
What Crimes Can Be Expunged in Oklahoma?
Any crime is potentially eligible for expungement. There is no crime where it’s set out that it can never be expunged off of your record.
Expungement 101: How Does the Process Work
The law in Oklahoma requires that we give 30 days’ advanced notice of any expungement hearing to all interested parties.
Faster Complete Expungements Now Available for Some Deferred Sentences in Oklahoma
Deferred sentence expungement is when you receive a plea deal where you’re on a deferred sentence, you do your probation, you complete it, and upon successful completion, the case is dismissed and expunged.
U.S. Supreme Court’s Indian Country Ruling Sets Stage for Mass Expungement of Criminal Convictions
Historic Decision Overturns State Jurisdiction The U.S. Supreme Court’s July 9 decision in McGirt v. Oklahoma set in motion legal controversies that state, tribal and federal authorities might not resolve for years or even decades to come. Among the most immediate controversies that may emerge is whether tribal members convicted in Oklahoma courts of crimes […]
Hey Tribal Members with Convictions: Supreme Court Opened the Door to Possible Conviction Reversal
Muscogee Creek Nation reservation of 1833 was never disestablished through Oklahoma statehood. And what that means is that a huge area of Northeast Oklahoma that’s been operating like it’s the state of Oklahoma is actually part of the Creek Nation reservation. And I’ve got a map here to show where those boundaries are approximately. So we’re talking most of Tulsa County, including the city of Tulsa, except for a small portion on the north side, but also other counties as well. So we’ve got Creek County, Wagner part, a small part of Rogers County and Mayes County, Muskogee County, all of Okmulgee County, McIntosh, Okfuskee, and other areas of Oklahoma. Now, based on the United States Supreme Court decision, are actually reservation land to the Muscogee Creek Nation. And what that means is that the state of Oklahoma lacked jurisdiction to charge tribal members with crimes that were allegedly committed in that area. They lack that jurisdiction. Never should have charged them, even though they’ve been doing it for 100 years, and can’t do so now according to this decision.
Do You Qualify for Misdemeanor Expungement in Oklahoma? Find Out Here!
If you have any felonies on your record or if you have any pending cases, this is not going to be applicable to you. You want to look for a different video. So, there’s multiple grounds to get a misdemeanor expunged. Expungement law in Oklahoma is relatively simple. Most of it is all included within one statute.
Is Your Oklahoma Felony Conviction Eligible for Expungement?
If you’ve got multiple convictions that are related to the same conduct at the same time, those may under the law count as one conviction. Talk to an attorney about that if you fall under those circumstances. If those cases we’re talking about are based on a deferred sentence, deferred sentence is not a conviction unless it’s accelerated to a conviction. If it’s a dismissed charge, you get charges filed against but they’re dismissed, not a conviction, doesn’t count here.
Deferred Sentence Expungement in Oklahoma (991c). Are you Eligible?
‘m Tulsa attorney James Wirth, and I’m about to explain the 991(c) expungement. That’s the deferred sentence expungement. When you go to court and a plea deal is worked out, there’s many different types of sentences that can occur. One is a deferred sentence. What happens when you enter into a deferred sentence is that although you plead guilty or no contest, the judge withholds a finding of guilt. Then passes the case to have sentencing at a later date. During that period of time in between, which is up to a maximum of seven years, you’re on probation. The court can pass that based on whatever the plea agreement is for one year, two years, 18 months, however long that is.