When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime.

Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged. For example, under federal law only a person who is guilty of a minor drug offense under the Controlled Substances Act (21 U.S.C. §844) may have their record expunged. See 18 U.S.C. §3607(c).

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In Oklahoma, expungement laws allow certain individuals to have their criminal records either expunged or sealed under specific conditions. Expungement in Oklahoma means the permanent destruction or deletion of criminal records, making them inaccessible to courts and other agencies, as well as private entities conducting background checks. Oklahoma law provides various categories under which expungement may be possible, including but not limited to the completion of a deferred sentence, acquittals, and certain misdemeanor or non-violent felony convictions after a waiting period. However, not all crimes are eligible for expungement; for example, violent felonies and sex offenses are generally not expungable. The eligibility for expungement often depends on factors such as the nature of the offense, the time elapsed since the completion of the sentence, and the individual's criminal history. If an expungement is granted, the individual can legally state they have not been convicted of a crime on applications for employment, licensing, or other purposes. It's important to consult with an attorney to understand the specific requirements and process for seeking an expungement in Oklahoma.