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FAQ HEADER

  Expungements   Search for Criminal History Record   Update Criminal History Record  
             

 

1.

 What is an expungement?

2.

 What is the difference between a Section 18 and Section 991(c) expungement?

3.

 How much does an expungement cost?

4.

 Do I need a lawyer to get an expungement?

5.

 Who can file an expungement?

6.

 What information should I include when requesting an expungement?

7.

 If I have multiple arrests to be expunged, do I have to file each arrest separately?

8.

 What is the time frame for the expungement process?

9.

 Do I qualify for an expungement?

10.

 When requesting an expungement, does it matter how long ago the arrest occurred?

11.

 Can the OSBI object to my request even if I qualify for an expungement?

12.

 If my record is expunged, will my FBI record be expunged as well?

13.

 Will I be notified when my record has been expunged?

14.

 Will my fingerprint cards be destroyed if my expungement request is granted?

15.

 My record was expunged.  Do I have to divulge my expunged record on an SDA application?

16.

 My criminal background is going to be checked.  Will they be able to see my arrest?

17.

 Will my arrest keep me from getting a job, apartment, or promotion?

18.

 How do I get a criminal history record check on myself or someone else?

19.

 What type of information is needed for a criminal history record check?

20.

 How much does a criminal history record check cost?

 

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21.

 How do I pay for a criminal history record check?

22.

 How long does it take to do a criminal history record check and how will I get my results?

23.

 What type of information will I receive on an OSBI criminal history record check?

24.

 How do I get an OSBI fingerprint-based criminal history record check?

25.

 What additional searches are available?

26.

 What is the difference between court records and arrest records?

27.

 How do I know if I have a criminal record?

28.

 I’ve been arrested.  I have requested a copy of my record but nothing comes up.  Why?

29.

 The information on my record is wrong.  How do I get it corrected?

30.

 Your files show I am a felon, but I am not. 

31.

 I need to update my record, who do I send the document to and can I fax them?

32.

 What documents are required to update a criminal record with a final disposition?

33.

 How do I get something removed from my record?

34.

 Can you tell me what the qualifications for an expungement are?

35.

 If I was never convicted of a crime, why does it show on my record?

36.

 I was told once I had completed my deferred sentence it would no longer be part of my record.  Why is it still showing?

37.

 The charges listed on my OSBI record are incorrect.  I was not charged with these offenses.  Why are they there and how do I get them corrected?

38.

 Whose job is it to make sure a final disposition is added to a record?

39.

 I was arrested when I was a juvenile.  Will this show up?

40.

 Someone has used my name, date of birth, etc.  How do I get my information off of his/her record?

41.

 I live out of town/state and I cannot come to the OSBI to be fingerprinted.  What else can I do? 

 

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FAQ ANSWER HEADER

 

1

What is an expungement?

 

Expungements allow you to seal your court record or arrest record.  This prevents the public from having access to the information.

2

What is the difference between a Section 18 and Section 991(c) expungement?

 

A Section 18 expungement allows a person to expunge their entire arrest record.  A Section 991(c) expungement allows a person who received a deferred sentence to expunge their plea, and have the disposition of their case updated to show the case has been dismissed.  The disposition will say, “pled not guilty, case dismissed”.  However, a 991(c) expungement will not expunge (remove) the arrest record.

3

How much does an expungement cost?

 

Expunging your court record is free.  Expunging your arrest record requires paying a $150 processing fee.  It may also require fees be paid to local law enforcement agencies expunging their records.  The OSBI accepts cashier’s checks or money orders.  Personal checks WILL NOT be accepted.

4

Do I need a lawyer to get an expungement?

 

There are specific paperwork, notice, and legal requirements necessary in order to successfully petition for an expungement of your arrest records.  The OSBI strongly suggests you get a lawyer to advise you of the proper actions to take.  If you decide to represent yourself, the court will hold you to the same standards for knowing and following the applicable law as it would an attorney.

5

Who can file an expungement?

 

Anyone qualified under the applicable statute can file the paperwork necessary to begin the expungement process.

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6

What information should I include when requesting an expungement?

 

When you send the OSBI your Petition for Expungement or an Order of Dismissal and/or Expungement you should include the following information in order to successfully complete your expungement:  The OSBI needs to know your name, social security number, date of birth, the crimes that you were charged with, the date of your arrest, and the disposition (end result) of your arrest and/or charges in court. 

7

If I have multiple arrests to be expunged, do I have to file each arrest separately?

 

Multiple arrests in the same county can be filed for in one petition, however, a separate petition must be filed for each county where a person has records they want expunged.

8

What is the time frame for the expungement process?

 

After receiving a certified copy of the order, expungement of court records can take about one month after the OSBI receives the order, expungement of arrest records usually takes a similar amount of time after receipt of the order and the required fee. 

9

Do I qualify for an expungement?

 

The OSBI cannot pre-approve someone for expungement.  However, the statutory categories for people who are eligible for expungement are listed in Title 22 of the Oklahoma Statutes, in section 18(A).  Click here for the Expungement pamphlet.

10

When requesting an expungement, does it matter how long ago the arrest occurred?

 

No.  If a person is eligible for expungement, the age of the record will not disqualify them.  

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11

Can the OSBI object to my request even if I qualify for an expungement?

 

Yes.  Even if a person qualifies for expungement, the State can object to an expungement being granted.

12

If my record is expunged, will my FBI record be expunged as well?

 

Yes.

13

Will I be notified when my record has been expunged

 

No. Your record can be checked by sending in a request to the OSBI.

14

Will my fingerprint cards be destroyed if my expungement request is granted?

 

No.  Expungements do not allow destruction of physical records. Additionally, identifying information, including fingerprints may still be maintained by the OSBI by law. Such identifying information, however, will not reference or be attached to the sealed arrest information.

15

My record was expunged.  Do I have to divulge my expunged record on an SDA application?

 

Upon receiving an 18/19 expungement, a person can say that, “no such action has ever occurred” and does not need to include it on their Self-Defense Act application.

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16

My criminal background is going to be checked, will they be able to see my arrest?

 

The OSBI cannot advise anyone about whether a specific incident will appear on their criminal record.  The best course of action is to request a copy of your criminal history so that you can see exactly what is on it. 

17

Will my arrest keep me from getting a job, apartment, or promotion?

 

That is up to each person or company that checks your criminal history.  The OSBI cannot tell anyone what will happen due to their having a record.

18

How do I get a criminal history record check on myself or someone else?

 

To make a record check request in person, complete and submit a Criminal History Record Check Form at our headquarters location.  All requests must be typed or legibly printed in ink. Office hours are from 8:30 a.m. until 4:30 p.m., Monday through Friday, excluding holidays. We are located in the Broadway Executive Office Park one-half block west of the Broadway Extension on Northwest 63rd  -  our address is 6600 North Harvey, Oklahoma City, OK  73116.   Requests can also be faxed or mailed and will be returned in the manner received.

19

What type of information is needed for a criminal history record check?

 

The full name and date of birth (or approximate age) of the person to be searched (mandatory).  All known aliases, which include maiden and previous married names, and the purpose of the request, should also be provided. The person’s race, sex and social security number are optional but providing them will result in a more thorough search.  A signed release is NOT required.

20

How much does a criminal history record check cost?

 

There is a $15.00 processing fee for each person searched; the fee is set by state statute and cannot be waived or reduced. 

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21

How do I pay for a criminal history record check?

 

Acceptable methods of payment include cash (in-person requests only), money orders, Visa, MasterCard, Discover, cashier’s checks, certified checks, government checks or warrants, and business checks imprinted with the company name and address and made payable to the OSBI. Personal checks are NOT accepted.

22

How long does it take to do a criminal history record check and how will I get my results?

 

In-person service for a single record check usually requires a wait of ten to fifteen minutes; generally, multiple requests left at the customer window are completed on the same day or by the following day. 

 
Please allow one to three weeks for processing and return of regular mail requests.

 
Priority or Overnight Express requests are processed in one to three days from the date they are received.  If Priority or Overnight return service is desired, a pre-paid envelope must be included.  


If requests by mail are not received within thirty days, please contact the Criminal History Reporting Unit at 405-848-6724. 


Faxed requests are generally processed within two to five business days of receipt.  OSBI’s criminal history request form requires customers to provide a dedicated fax number (a line used only for faxing – no phone calls) for the return results.  If your bank or credit card does not show a charge for faxed requests within one business day of faxing or if fax results are not received within five business days of the charge to your bank or credit card, please contact the Criminal History Reporting Unit at 405-848-6724.


Criminal History Record Requests will be returned in the manner received.

23

What type of information will I receive on an OSBI criminal history record check?

 

We provide fingerprint-based arrest and/or conviction data for serious misdemeanors and felonies from the State of Oklahoma only. Un-reported arrests, arrests where fingerprints were not taken or arrests where fingerprints were of insufficient quality will not be a part of the OSBI criminal history record.  We do not provide criminal history information from other states. A national search of records maintained by the Federal Bureau of Investigation is not available to the public through this agency or by direct contact with the FBI.  We do not provide driving records.

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24

How do I get an OSBI fingerprint-based criminal history record check?

 

Complete and submit a Criminal History Record Check Form along with the fee of $19.  One set of inked fingerprints taken on an applicant fingerprint card must accompany the Criminal History Information Request Form or letter.   Cards should not be folded, stapled or altered in any way.  The card must be signed and dated by the printing officer and the person being printed.  All information blocks must be filled in completely and legibly. Printing service should be available through your local police department or sheriff’s office. Fingerprint searches require a minimum of four weeks to complete; replies are made by mail.

25

What additional searches are available?

 

Searches of the Department of Corrections Sex Offender Database and Violent Offender Database can be obtained for a fee of $2.00 each ($4.00 for both).  Please check with the requesting authority to determine if these additional searches are required.

26

What is the difference between court records and arrest records?

 

Court records are maintained by the court clerk and the OSBI.  This information includes the crimes that a person is charged with, the resolution of the case, and all the pleadings and filings during the case.  Arrest records are maintained by the arresting agencies and the OSBI, this information includes the crimes that a person is arrested for, not necessarily the same crimes that they are charged with by the district attorney.

27

How do I know if I have a criminal record?

 

If you have ever been arrested and fingerprinted, you will in all probability have an arrest record on file.

28

I’ve been arrested.  I have requested a copy of my record but nothing comes up.  Why?

 

Arrest fingerprint cards must be submitted to the OSBI.  If the fingerprint card was not submitted or the fingerprints were not retained because of poor quality, we will not have a record.

29

There is some erroneous information on my record.  How do I get it corrected?

 

All of the information that we receive comes on a fingerprint card from the arresting agency.  If you feel the charge information is wrong, contact the arresting agency.  Upon review of their records, the arresting agency should contact the OSBI with the results. 

30

Your files show I am a felon, but I am not.

 

 

Many people interpret the “felony” listed below the charge at arrest as a conviction.  (This information appears next to the "severity").  This is the "alleged" charge at the time of arrest and indicates the person was arrested for a felony offense, not necessarily what was filed by the prosecuting attorney. 

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31

I need to update my record, who do I send the document to and can I fax them?

 

If charges were filed, send certified document(s) to OSBI, Attn: CDC&A Unit, 6600 N. Harvey, Oklahoma City, OK 73116.

If charges were not filed, obtain all necessary document(s) and send to OSBI, Attn: CHMU, 6600 N. Harvey, Oklahoma City, OK 73116.

We can accept faxes only from law enforcement agencies and the courts.  A certified hard copy must also be mailed.  We cannot accept faxes from individuals.

32

What documents are required to update a criminal record with a final disposition?

 

 

The following certified documents are required to update a criminal record with a final disposition.  Without these documents the OSBI cannot update your record.

    1. If charges were filed (you went to court or were represented in court by an attorney):

      1. A certified copy of the final disposition should be obtained from the court clerk’s office in the county of arrest.  If charges were handled in city court, contact the municipal court in the city of arrest.

    2. If you received a deferred sentence and upon successful completion:

      1. A certified copy of the deferred dismissal should be obtained from the court clerk’s office in the county* of arrest.  If the case is no longer on file at the court clerk’s office, contact the district attorney’s office for a certified copy.  Oklahoma County and Tulsa County District Attorney’s offices will assist only subject(s) who have received a deferred sentence.

    *If charges were handled in city court, contact the municipal court in the city of arrest.

     

    Note:  State law does not allow for the complete removal of an arrest that results in a deferred sentence.  The arrest will always be a part of the criminal record and the disposition will be updated to read Pled Not Guilty, Case Dismissed resulting in no conviction for that arrest.

    1. If charges were not filed (you did not go to court nor did an attorney appear in court on your behalf) you must obtain three (3) certified documents.  The necessary documents are explained below:

      1. A certified letter must be obtained stating there is no record of the arrest in the files of the county and/or city court clerk.  The letter must be signed and certified by the county and/or city court clerk, and

      2. A certified letter must be obtained from the district attorney’s office in the county of the arrest.  This letter must be written on district attorney office letterhead and signed by the district attorney or assistant district attorney stating there is no record of the arrest in the files of the district attorney.

When no record exists at the court clerk’s office or the district attorney’s office, a certified copy of the arrest/incident report relating to that arrest must be obtained from the arresting agency.  You may call the automated-attendant line (405) 879-2690 for additional information.

 

33

How do I get something removed from my record?

 

A court order is required to have anything completely removed or expunged from the OSBI files.  You should contact an attorney or legal aid to see if you meet the qualifications. 

34

Can you tell me what the qualifications for an expungement are?

 
See Oklahoma Statutes Title 22 § 18 Title  22 § 19, Title 22 § 991c
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35

If I was never convicted of a crime, why does it show on my record?

 

The OSBI criminal records are a history of a person’s arrests, not just convictions.  The OSBI maintains records of arrest, meaning that even if a person is not convicted, or even if charges are never filed, the record of the arrest can still exist.

36

I was told once I had completed my deferred sentence it would no longer be part of my record.  Why is it still showing?

 

When you have successfully completed a deferred sentence, your original plea of guilt or no contest can be removed from the record and the case is dismissed.  You will need to contact the Court Clerk’s and/or District Attorney’s Offices for a certified copy of your deferred dismissal order.   Your record can then be updated to reflect a disposition of – Pled Not Guilty, Case Dismissed.  The arrest will still be a part of your record; only the original plea is removed/expunged.

37

The charges listed on my OSBI record are incorrect.  I was not charged with these offenses.  Why are they there and how do I get them corrected?

 

The charges listed on a criminal history record are those the arresting agency indicated on the fingerprint card.  A person can be arrested for one offense, but formally charged with an entirely different offense.  This is common practice.  The final disposition should note what charge(s) were filed and the outcome.  If you still feel the charge at arrest is incorrect, you will need to contact the arresting agency.          

38

Whose job is it to make sure a final disposition is added to a record?

 

There are procedures throughout the judicial system to furnish us with the information that shows the outcome of the case.  However, we do not always receive that information.  Ultimately it is the responsibility of the individual to make sure his/her record is complete. 

39

I was arrested when I was a juvenile.  Will this show up?

 

We do not maintain juvenile criminal history information unless the juvenile is certified as an adult by the court.

40

Someone has used my name, date of birth, etc.  How do I get my information off of his/her record?

 

You will need to come to our office to be fingerprinted.  Please bring photo identification.  We will compare your prints against the ones on file under your information; we will also run your fingerprints through our fingerprint system (AFIS).  If it is determined you do not have a record in our files, we will give you documentation stating this.   Your information cannot be removed from the other person’s record.  This is a bone fide alias; the person has used it once and may use it again.   After you have finished the fingerprint process, any future commercial inquiries on your information will still get a copy of the record; however, we will also contact the requestor and explain that you have been a victim of identity theft.

41

I live out of town/state and I cannot come to the OSBI to be fingerprinted.  What else can I do?

 

You can go to your local law enforcement agency to be fingerprinted.  You need to take photo identification and provide a short statement explaining your situation.  The statement should also include your mailing address and daytime telephone number.   In order to maintain the integrity of the fingerprints, the law enforcement agency must mail the fingerprint card to the OSBI, along with your statement and a copy of your photo identification.  Upon receipt, we will process your prints and mail the results directly to you.

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