Expunge Felony Without A Pardon – 2018 Oklahoma Laws #10

It’s now easier to expunge a felony in Oklahoma. Previously, a pardon was required. Now, an individual who has a single non-violent felony conviction can get that felony expunged without a pardon. Note that the expungement does NOT restore firearm rights! The person will be considered a “hidden felon.” They can legally state that they have never been convicted of a felony, but the felony conviction may still be used against that person in certain instances. The biggest issue is the right to possess a firearm. A felon who has their felony case expunged through this process may not legally possess a firearm. To legally possess a firearm, the governor must still pardon the felon–even if the case has been expunged.

Here’s the language from the statute. You may now get your case expunged if:

• You were convicted of a nonviolent felony;
• You have not been convicted of any other felony or separate misdemeanor in the last seven years;
• No felony or misdemeanor charges are pending against you; and
• At least five years have passed since the completion of the sentence for the felony conviction.

Note that being on a deferred sentence or any type of probation is considered a “pending” charge for purposes of an expungement. Records expunged pursuant to this section of the expungement statute:

• Will be sealed to the public but not to law enforcement agencies for law enforcement purposes;
• Will be admissible in any subsequent criminal prosecution to prove the existence of a prior conviction or prior deferred judgment without the necessity of a court order requesting the unsealing of the records; and
• May also include the sealing of Pardon and Parole Board records related to an application for a pardon. Such records shall be sealed to the public but not to the Pardon and Parole Board.

For more info on expungements and to check your eligibility in graphical format, check out my helpful Oklahoma Expungements Infographic!

SB 650 modified 22 O.S. § 19. It went into effect November 1, 2018.

Sources: SB 650 and 22 O.S. § 19

Need to have your case expunged? Call Oklahoma expungement attorney Frank Urbanic at 405-633-3420.

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