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.

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 refers to the process of having a criminal record permanently destroyed or deleted, making it inaccessible to courts, government agencies, and private entities conducting background checks. Expungement is distinct from having a record sealed, where the record still exists but is less accessible. Oklahoma law allows for expungement under certain conditions, typically when an individual has successfully completed a probation or deferred adjudication program. However, individuals who have been convicted of a crime, or have pleaded guilty or no contest, are often ineligible for expungement. There are exceptions, such as for some juvenile offenses committed before the age of 17. The eligibility for expungement and the specific procedures are detailed in Oklahoma's statutes, particularly within the penal or criminal code. It's important to note that expungement laws are complex and can vary widely, so consulting with an attorney who specializes in this area of law is advisable for those seeking to clear their criminal records in Oklahoma.