16 Apr Expungement Process: Step-by-Step
This is you. Sitting in the cage designed by society and guarded by your criminal record.
Step One: Request and Review OSBI Criminal History Record
The first step of the expungement process is analyzing your criminal history record provided by the Oklahoma State Bureau of Investigation (OSBI). In order to request a criminal history record, you can either click on the link provided and follow the instructions or provide $15.00 (cost of criminal history record request) to our law firm, Whiting & Bruner, PLLC, and we can request and review that criminal record report on your behalf:
If you prefer that our law firm request and review that OSBI criminal history record, we will need the following information from you:
Full Name (and any other names/aliases used in the past)
Date of Birth
Social Security Number
Once we have the funds ($15.00) and the personal information of the subject person, we will submit our request to OSBI. That request usually takes no more than 48 hours for OSBI to complete and return that requested criminal history record to our attention. After we have received that record, we will analyze the record in order to determine if the subject is eligible for an expungement.
Step Two: Meeting with Attorney to Discuss Expungement Process
After we have determined eligibility for the expungement process, we will reach back out to you to set up a meeting (either in-person or teleconference; whichever you prefer) to discuss the details of the expungement process and execute a representation agreement.
We charge a flat fee of one thousand dollars ($1,000.00) to complete the entire expungement process. That flat-fee includes all of the following activities:
Attorney’s Fees (fee for legal services, the composition of documents, court appearances, and performance at any scheduled hearings)
District Court Filing Fee (separate fees if multiple counties; approx. $160 per)
Municipal Court Filing Fee (separate fees if multiple municipalities; approx. $150 per)
OSBI Processing Fee (fee charged by OSBI to expunge and seal record; approx. $150)
Miscellaneous Fees (mailing, postage, travel, etc.; approx. $10-$15)
NOT INCLUDED: $15.00 Fee to Request OSBI criminal history record
Step Three: Compose Documents & File Petition/Order of Expungement
Once we have determined eligibility, executed a representation agreement, collected funds and concluded our initial meeting, it is time for your new attorney to get to work! We will start by composing what is called a “Petition for Expungement of Records.” This Petition will outline the details of the offense(s) that we wish to have expunged. This will include the defendant’s name and information, date(s) of the offense(s), any significant court dates or actions taken by the court and the resolution of that matter with the court.
The Petition will conclude by providing the Oklahoma Statute and section that authorizes the expungement of that criminal record as well as a request that the criminal record be expunged or if the State of Oklahoma objects, placing a burden on the State to prove that “the public’s interest outweighs the interest of the Plaintiff.” Once that Petition has been filed in the appropriate court of jurisdiction, a hearing date will be requested from the Honorable Judge who will reside over the matter.
The next document to be created is what is called the “Order of Expungement.” This document will outline the contents of the Petition for Expungement of Records and will request authorization and/or execution by the appropriate authorities involved in that matter.
If all signatures are NOT received prior to the scheduled hearing date, a court appearance will be required. If the State of Oklahoma objects, there will be a hearing in front of the Honorable Judge assigned to the case in which the State will argue that the public’s interest outweighs the interest of the Plaintiff and our law firm will argue the opposite.
If all signatures ARE received prior to the scheduled hearing date, a copy of the Order of Expungement (with all signatures attached) will be provided to the Honorable Judge for execution and filing in the courthouse.
Step Four: Order of Expungement Has Been Executed by Judge
Once we have all of the appropriate signatures on our Order of Expungement, including the Judge’s signature, a copy of the Petition for Expungement of Records and a copy of the judge-signed Order of Expungement will be mailed to OSBI and any other agency requesting a copy of those documents and/or processing fee for their records.
Along with a copy of those executed documents, a check in the amount of $150.00 will be submitted to OSBI, which is what that agency charges in order to process the Order of Expungement and seal the criminal record from public view. As mentioned earlier, some municipalities will charge their own processing fee, which usually costs approximately the same as OSBI ($150.00), and that will be provided to the requesting agencies at the time the processing fee and documents are submitted to OSBI.
Once OSBI has the executed court documents and processing fee, it should only be a matter of time before that record is expunged and sealed from public view. The time it takes for OSBI to complete this step of the process varies, but it should not take longer than 2-4 weeks. In order to determine if that criminal record has been properly expunged, we suggest requesting another OSBI background check approximately 1-2 months following the date in which our law firm notifies you that the Order of Expungement and processing fees have been submitted to the appropriate authorities.
This is you. The feeling that you get knowing that society’s cage will no longer keep you from pursuing your dreams!
Step Five: Take a Deep Breath and Change Your Future’s Trajectory!
At this point, OSBI has expunged and sealed your record from the public’s view. Think about the reason that you sought an expungement in the first place and continue pursuing that reason! Often times, people complain about a criminal record that was not accurately reflected online, leading people to think you are an unredeemable criminal, when the truth is, you either made a silly mistake in the past or your case had been dismissed or reduced, but the record remains for the world to see.
Others simply want to remove that criminal record so that prospective employers, school administrations, prospective romantic interests, family members, friends, nosy neighbors, etc. do not have the excuses necessary to reject your application or make assumptions about you personally.
All of these reasons are justified and that is why we have created such an affordable expungement process! Reading legal articles, it is amazing to look at the statistics for what percentage of people have a criminal background, yet most of the charged offenses are not life-threatening, violent or irredeemable. The truth is, most of us will have a negative interaction with law enforcement and most of us deserve a second chance… We believe that beyond a second chance, you deserve to lead a happy and productive life despite what you did in the past!
Our goal is to provide the tools and resources necessary for our clients to continue to pursue the American Dream! Please contact us today to determine your eligibility for the expungement process and get you back on the path of success in your personal, financial, social and spiritual life! Start your future today!