Old Convictions Slowing You Down? Expungement Can Help
Old convictions are like bad pennies. They have a way of returning to haunt you. If you live in Oklahoma and have broken the law, sooner or later, you will have a conviction on your record. Oklahoma has one of the highest incarceration rates in the country.
Once you have served your time and finished with the court system, if you are ready to move on, you may need the help of an experienced McAlester expungement attorney. An expungement, like an eraser, can make that old conviction almost disappear.
New Legislation Can Make it Easier Than Ever to Move On With Your Life
There was a time when you would have had to wait at least 10 years after you completed your jail term before you could petition the court for an expungement. That was a long time to live with the stigma of a conviction on your record, making it really difficult to land a job or rent an apartment. Each and every background check would reveal the conviction, which made it very difficult to turn your life around.
However, as of 2016, Oklahoma laws make expungements easier and quicker to obtain for misdemeanors and non-violent felonies. Although post-conviction waiting times vary, some expungements can be obtained in a relatively short time.
What used to take 10 years can now be done immediately in some cases, and five years in other cases. The waiting time depends on the type of conviction and sentence involved.
Your McAlester expungement attorney can help you take all the steps you need.
What is an Expungement?
Expungement is the sealing of your criminal records from public view. This is the same kind of sealing of records that we normally associate with juvenile offenders.
If the court grants your petition for expungement, the court seals your records. Once those records are sealed from public view, it is as if the conviction never took place; at least that is the case if you receive a criminal records expungement.
Different kinds of expungements have differing qualifying criteria and accomplish different things. A criminal records expungement is the most complete type you can get. It seals everything from the arrest record to the court file.
Your background checks will also not reveal the conviction. This type of expungement is only available for misdemeanors and non-violent felonies. It also requires a formal court procedure and hearing.
A petition must be drafted by your attorney and served upon all interested parties in a timely fashion to allow any interested party to file objections to your petition. If the court decides to grant your petition, if asked, you can lawfully say that you have never been convicted of a crime.
Because this can be a complicated process, you will need an experienced McAlester expungement attorney to handle this matter for you. You can contact a McAlester expungement attorney by calling the Wirth Law Office-McAlester at 918-302-9656.
A deferred sentence expungement is a simpler and less complete type, but much simpler to obtain. At sentencing, a judge issues a deferred sentence that delays entering the sentence for a specified time. If you complete all tasks that are asked of you and stay out of additional trouble, the judge will have the court record changed; it will read that you pled “not guilty,” and the case was dismissed. However, the arrest record remains available for public viewing.
This can be helpful if you are waiting to obtain a full criminal records expungement or if your underlying conviction doesn’t qualify for a criminal records expungement. While you do not need an attorney to draft this kind of expungement, this kind of expungement often needs to be followed up on to make sure that the records are changed.
Your McAlester expungement attorney can help you get your expungement matters handled right the first time, so you can move on with your life. You deserve it.
Free Consultation with an Experienced McAlester Expungement Attorney
To arrange your free consultation with a McAlester expungement attorney, contact the Wirth Law Office-McAlester at 918-302-9656 or send a question via the e-mail form at the top of this page.