Expungements / Appeals
Expungement of Oklahoma criminal records (either arrest or conviction) is of critical concern to anyone with a prior conviction, or contemplating a guilty or no contest plea to a current offense. Expungement refers to the cleansing of one's criminal record, or the sealing and destruction of arrest and/or conviction information. An Oklahoma criminal conviction record can follow you for the rest of your life, affecting your family, education, employment opportunities and even the ability to vote. If you have a criminal record in Oklahoma there may be something an experienced Oklahoma expungement attorney can do for you. One mistake should not be the end of your opportunities in life.
Within the law, an appeal is the process for making a change in a decision the court has made regarding a decision. The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from state to state. Even within a jurisdiction, the nature of an appeal can vary greatly depending on the type of case. If you have been convicted of a crime in Oklahoma and you believe you have not had the full benefit of due process you should seek the advise of an experienced Oklahoma appeal attorney,.
You are eligible to apply to have your criminal history expunged in Oklahoma if you fall into one of the following categories:
1. You have been acquitted of the charge; (Found not guilty at a trial)
2. The conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction, or an appellate court of competent jurisdiction reversed the conviction and the district attorney subsequently dismissed the charge;
3. The factual innocence of the person was established by the use of deoxyribonucleic acid (DNA) evidence subsequent to conviction;
4. The person was arrested and no charges of any type, including charges for an offense different than that for which the person was originally arrested are filed or charges are dismissed within one (1) year of the arrest, or all charges are dismissed on the merits;
5. The statute of limitations on the offense had expired and no charges were filed;
6. The person was under eighteen (18) years of age at the time the offense was committed and the person has received a full pardon for the offense;
7. The offense was a misdemeanor, the person has not been convicted of any other misdemeanor or felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the judgment was entered;
8. The offense was a nonviolent felony, as defined in Section 571 of Title 57 of the Oklahoma Statutes, the person has received a full pardon for the offense, the person has not been convicted of any other misdemeanor or felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the conviction; or
9. The person has been charged or arrested or is the subject of an arrest warrant for a crime that was committed by another person who has appropriated or used the person's name or other identification without the person's consent or authorization.
For purposes of this act, "expungement" shall mean the sealing of criminal records. Records expunged pursuant to paragraph 9 of this section shall be sealed to the public but not to law enforcement agencies for law enforcement purposes
The appeals process is one of the most important parts of the American justice system. No court system is perfect, and as such appeals grant people who have been unjustly convicted of a crime a new hearing in order to present new evidence, provide new witnesses, or have a new trial free from earlier bias or prejudice. An appeal petitions a higher court to review a lower court’s decision and could grant the defendant a new trial, reduce a sentence, or even drop all charges.
There are several reasons why a higher court may grant an appeal. Some of the most common conditions are:
Violation of civil rights (i.e. no Miranda rights, etc)
Illegally obtained evidence or testimony
Failure of attorneys to proper represent their clients
Incorrect law used during trial
Failure of judge to properly instruct the jury
New evidence or testimony
The appeals process can take a good deal of time, especially if the legal issue in question involves serious charges. The success or failure of an appeal greatly hinges upon the quality of the lawyer that organizes the case. There are thousands of different variables to consider when assembling an appeal, and the smallest missed detail can have the largest repercussions.
If you or someone you love has been unjustly convicted of a crime in Oklahoma, or endures an unfair sentence, you need to consider consulting a dedicated and experienced Oklahoma appeal lawyer. No person should sit in prison one second longer than they have to, and the sooner you begin your appeal case the sooner your loved one will enjoy the freedom they deserve. Contact us at our Tulsa office today.