Expunged - Oklahoma County - First Degree Burglary, Assault and Battery with a dangerous weapon, malicious injury or destruction of property - Oklahoma County - 991c Expungement
Oklahoma County Expungement
Sometimes things go wrong and sometimes things go REALLY wrong. Our Oklahoma City expungement lawyer and our Tulsa Expungement lawyer take their jobs seriously when it comes to helping you clear your past. If you are looking for a brighter future we can help. For example, Bob Wyatt, located in our Oklahoma City office managed to help clear some of the records for this client. Why just some? Because not every charge is eligible for expungement.
First Degree Burglary
Also known as Burglary in the First Degree cannot be FULLY expunged but it can be partially expunged based if it is a deferred sentence. Here is where things get a little tricky. Say Tulsa County files one count of First Degree Burglary against you. If you receive a deferred sentence and successfully complete the conditions of the deferred sentence, you are then eligible for a 991c expungement but not a section 18 expungement.
The Difference Between a Section 18 Expungement and a 991c Expungement
Within our office, we call these expungements two different things. A 991c expungement is the "light cleaning" and the Section 18 expungement is the "deep cleaning". This kind of expungement will erase the record of the plea from your background check and OSCN. However, this will not erase the arrest from your background check. Instead, what happens is the plea is expunged and your background check will show the arrest and a notation next to it which says, "Pled Not Guilty Case Dismissed."
A Section 18 expungement, however, does everything. If you are eligible for a Section 18 expungement in Oklahoma you are able to erase everything. You can have the entire arrest, plea, and the case stricken from OSCN and your background check. Additionally, you receive an order that says, "This has been deemed to have never occurred."
Back To Our First Degree Burglary Charge
Can you expunge a first-degree burglary charge? The answer is, partially. Because First Degree Burglary is considered a violent felony, it may only be expunged pursuant to Section 991c. This means that our Oklahoma City lawyer was able to remove the plea, but not the arrest. A 991c expungement also removes the case from OSCN so the general public cannot see the docket sheet anymore.
What are the elements of First Degree Burglary?
The elements for First Degree Burglary are the 1. Breaking then the 2. entering, of a 3. dwelling of 4. another in which 5. a human is present with 6. some intent to commit a crime therein. Some interesting facts on First Degree Burglary are that the breaking can be only a small amount of force or just the nudging open of a door.
Assault and Battery With a Dangerous Weapon
Assault and Battery with a Dangerous Weapon is another violent felony that is only eligible for a 991c expungement. Again, Mr. Wyatt removed this case from the internet and removed the plea agreement from the client's background check. Our client is able to apply for jobs and advance his or her life without any public final resolution.
What are the elements of Assault and Battery With a Dangerous Weapon?
Assault and battery with a dangerous weapon require that an assault, battery, or assault and battery occurred. This must take place against another person with a sharp or dangerous weapon. Finally without justifiable cause and with the intent to do harm.
Malicious Injury or Destruction of Property
This count is eligible for removal pursuant to a Section 18 expungement. Malicious injury or Destruction of Property is eligible for full expungement. This case is not a violent felony, therefore it is eligible for a Section 18 expungement. Because this case fell under a Section 18 expungement, Mr. Wyatt removed the arrest, plea, and the docket sheet from OSCN.
Do you have an arrest that needs an expungement?
Contact our Tulsa Expungement Attorney Clint James at 918-409-0417 or our Oklahoma City Expungement Attorney Bob Wyatt at 405-232-0000. You can also send us our information online to see if you are eligible.