Having a criminal record can make it difficult to pass a background check and, in turn, can make it difficult to secure housing, employment, security clearances and gain professional licenses. Oklahoma joined a growing list of states in 2022 when it passed a “clean slate” bill, which will automatically expunge eligible criminal records starting in 2025.
An Oklahoma criminal record is sealed from public view once it is expunged, though the record will still be viewable by law enforcement, judicial personnel and certain government officials. An expunged record will also not appear on most background checks. Obtaining an expungement has traditionally required the filing of a petition with the court, but House Bill 3316 creates a system in which eligible records are automatically expunged. The bill becomes effective in three years from its passing, meaning that automatic expungements will commence in 2025.
House Bill 3316 does not interfere with the ability of individuals to file for expungement of their records. Furthermore, the bill does not reduce or otherwise limit the classes of individuals who are eligible to file for an expungement. Those who were previously eligible for the process under Oklahoma law will remain so. Such individuals may still file for an expungement by filing a petition with the appropriate court and going through the usual process.
Whether you are eligible for automatic expungement will depend on the nature of your offense, the disposition of the case and the amount of time that has passed since you completed all of your legal requirements.
If you are considering waiting for the automatic process to take effect in 2025, as opposed to filing a petition now, then you should be aware that the new process is not guaranteed to go into effect. The new law specifically states that the establishment and maintenance of the automatic system is subject to funding, meaning that the legislature must set aside money for the program and it has the discretion not to.
Lindsey Law Firm, P.C. is located in Tulsa, Oklahoma and represents those who are looking to expunge their Oklahoma record. Contact us online or call us at 918-587-0097 to schedule an initial consultation.
