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Expungement Petitions: How a Defense Attorney Can Help

A criminal record can carry an impact that lasts long after the initial sentence has been completed. Finding gainful employment may be difficult as many employers conduct criminal history checks on prospective employees. Even if the conviction is a misdemeanor and doesn’t preclude a person from employment (as a felony conviction prohibits employment as a nurse or teacher in some states), many employers will pass over an applicant with a criminal record in favor of an applicant with a clean record. A criminal record can also inhibit educational opportunities and can negatively impact one’s social status as criminal background checks are becoming increasingly popular on the internet.

Fortunately, there are situations which make it possible to have one’s criminal record sealed or one’s arrest record completely expunged. However, the rules and statutes governing these may be difficult for the petitioner to understand. An attorney with specific expertise in this type of law can help make the process as smooth as possible and can help you avoid mistakes which can jeopardize the expungement of your criminal record.

Oklahoma law allows for two different types of expungement:

· Under 22 O.S. §991c, a person who has successfully completed a deferred sentence (excluding those with previous felony convictions and those required to register as a Sex Offender) may be eligible for expungement of the plea of guilt or no contest. This type of expungement seals the court record, but does not seal or expunge the criminal history on file with the Oklahoma State Bureau of Investigation (OSBI).

· Under 22 O.S. §18, individuals who meet very specific requirements are eligible to have not only the court record sealed, but also the criminal history and arrest record with the OSBI.

An expungement under §18 is more desirable, but also more difficult to obtain. With the help of an experienced attorney, you can determine your eligibility for a §991c or a §18 expungement. Your lawyer can also help you file the appropriate paperwork and ensure that all procedural requirements are met.

In some cases, the OSBI may issue a policy argument. This means that the Bureau objects to the expungement of your record if it believes that “public interest in retaining the record outweighs the adverse consequences of keeping the record.” Even if you qualify for expungement based on the state statutes, the OSBI may object. If this occurs, you will need the help of a highly skilled criminal attorney to maximize the possibility of having your record expunged.

For certain Oklahomans, expungement of a criminal record is a right. However, the process of petitioning for and obtaining one are complex. In fact, even the OSBI recommends hiring an attorney to help in the process. If you have been paying the price for your conviction long after your sentence was completed, contact a criminal lawyer to explain your options in pursuing an expungement of your record.

To learn more about expungement laws please see this web site: Expungement attorney

Article Source:
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Question by italiandudeinchicago82: Can you reccomend a good and preferably cheap expungement lawyer in Chicago / Dupage County?
I am trying to get into teaching and have some misdemeanor arrests from when I was younger for marijuana possession and a few other small tickets I would like to get taken off my record. Can anyone recommend a good and affordable lawyer who works in dupage county?

Best answer:

Answer by Big Daddy
I know a couple, one of them is my wife, she deals with those things. shoot me an email

aojr73@yahoo.com

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The ordinance also allows those found guilty to have their record expunged after two years if they have no similar convictions during that time and creates a Citizens Oversight Committeee to monitor the ordinance's progress. City council members chose …
Read more on Standard Online

Can the past be forgotten?: An examination of the Washington Probation Act in its function as an expungement statute

Can the past be forgotten?: An examination of the Washington Probation Act in its function as an expungement statute

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