Expunging a Deferred Sentence
A deferred sentence was never a conviction and is not a criminal sentence. If you pled guilty or even no contest to a crime and the judge deferred sentencing, you have not been convicted. In Oklahoma, a person must be sentenced before there is a conviction; therefore, because sentencing was deferred or continued to a future date, there was no “conviction” at the time of the plea.
If you successfully complete a deferred sentence or a continued sentence, there are now two options available to you to SEAL YOUR ARREST RECORD: (1) Section 991 expungement, or (2) Section 18 expungement if you meet certain new criteria.
If your deferred sentence was accelerated, you may not be eligible under Section 991.
So long as you successfully completed the deferred sentence (meaning avoided any further trouble with the law, paid all costs and paid all fines, completed community service, passed drug tests, and fully complied with all other probation requirements), then we can guarantee a Section 991 expungement. Note, however, that this only seals the courthouse file. A Section 991 expungement will NOT seal your arrest record with the police or the OSBI.
A Section 991 expungement is still valuable because it seals the court file. That means it is not searchable on www.oscn.net or www.odcr.com. Employers frequently check these free web sites or perform background checks on employees; thus, having the file sealed can be vital to your continued or new employment.
Since November 2016, a person who successfully completed a deferred (as described above) may be eligible to fully seal the arrest record (police, county sheriff and OSBI) if certain criteria are met. This applies to all misdemeanors and non-violent felonies.
To qualify for expungement of your Oklahoma misdemeanor deferred sentence, you must have successfully completed the terms of the deferral AND, never been convicted of a felony, no misdemeanor or felony charges are pending now, and one (1) year must have passed since the plea was withdrawn and the case was dismissed. In other words, you would not be eligible until at least one (1) year after completion of your probation.
To qualify for expungement of your Oklahoma felony deferred sentence, the crime must be a non-violent felony, you must have successfully completed the terms of the deferral , never been convicted of a felony, no misdemeanor or felony charge are now pending, AND five (5) years must have passed since the plea was withdrawn and the case was dismissed. In other words, you would not be eligible until at least five (5) years aftercompletion of your probation. Click here for a list of violent felonies. If your crime is on the violent felony list, you likely cannot qualify for expungement.
Unlike Section 991, expungement under Section 18 is always discretionary to the court. We will show the court how sealing your record and protecting your right to privacy is more important than the public’s right to know.
We charge a “flat” or “fixed” fee for all Section 991 expungements. That means that there is one fee for the entire process.
For some of the 14 different types of Section 18 expungements, there is a “flat” or “fixed” fee. For the others, we have to evaluate on a case-by-case basis.
If you'd like to get started with your expungement or you aren't sure if you received a deferred sentence, please get in touch with our expungement lawyers here.