Expungement Question (OK)

[ExpungeReady]

What is the name of your state (only U.S. law)? Okla.

This September will be five years since I finished my 30 days misdemeanor County time (2nd offense DWS) and all fines paid the day I went in. Have had no arrests or convictions since. Getting ready to try to get my DWSes expunged. My original lawyer has retired but I know I can try to get expunged after 5 yrs (he had told me 10 but they changed the law) and I will try to get me a lawyr to do that. I do have one question first, however. Have had no legal trouble since I got out, but while in jail I DID have AP ("Adminstratve Punishment") for a fight coming out of the shower that the Watch Commander said was my fault. There were NO criminal charges (or new court case or even a fine) but I DID get what inmtes called the Trifecta: forfiet gaintime, three days in the box and another seven in the punishment pod when I got out of the box. I have read Okla law Title 22 (1)(16)(a)(11) a whole lotta times, and with no new criminal case I still can get expungement. But I worry the jail punishment record is somehow sitting out there separate from my DWS and will screw me over. Anybody know? Thanks.

 

[FlyingRon]

Jail-administered punishment is not going to affect this. You would have actually had to go up before a judge on the charge for it to matter.

The section you are supposed to be citing is 22.18 (A)(11). However, as long as you have no new charges pending against you, it's been five years since released, and you've not any felonies on your record, you can qualify for expungement.

The OSBI has a page on their site on the qualifications and how to proceed: https://www.ok.gov/osbi/Criminal_History/Frequently_Asked_Questions/

 

[ExpungeReady]

Thanks. Sorry to mislabel the section, but yeah that’s how I read it. Hasn’t been five years yet since I got out but will be in Sept. and I will apply promptly then. Good to know the AP doesn’t mess it up. Thanks again.

 

[Tough Decision]

Jail-administered punishment is not going to affect this. You would have actually had to go up before a judge on the charge for it to matter.

Right. I think it’s like that everywhere. In Ark., I actally saw cons almost beggng the COs for the max ECR, or even the box, just so they wouldn’t get another crimnal record for going back to a court.

So, his jail punishmnt shouldnt mess up expungment. Good luck to him!