When a person is convicted of a crime, they will have a criminal record that can be seen by anyone who does a background check on them. Potential employers, landlords, and even spouses will be able to look up the criminal record through an official background check, which could limit their prospects and make it more difficult for them to move past their arrest. However, many people will be able to have their conviction expunged so they can start again with a clean slate.
Who is Eligible for an Expungement After a Misdemeanor Conviction?
Anyone with a misdemeanor conviction will be able to apply to have their record expunged. The variation with misdemeanors lies in the length of time the person must wait and depends on the sentence they received when they were convicted.
Who is Eligible for an Expungement After a Felony Conviction?
Anyone with a felony that was a non-violent felony is able to have their record expunged, but those who are convicted of a violent felony cannot. Violent felonies include assault, murder, robbery, various types of abuse, crimes against children, arson, and any other crimes in which a weapon was used.
How Long Does a Person Have to Wait Before Applying for an Expungement?
The amount of time a person needs to wait depends on whether the conviction was for a misdemeanor or a felony and the sentence they received if they were convicted of a misdemeanor.
- Immediately – Misdemeanors with a sentence that included no jail time and a fine of less than $500 is eligible for expungement immediately after the conviction.
- One Year – Misdemeanors with a deferred judgment or suspended sentence can be expunged after one year.
- Five Years – Misdemeanors with jail time or a fine of over $500 can be expunged after five years. Non-violent felony convictions can be expunged after five years.
If you have a conviction on your record that’s making it more difficult for you to move on, contact a Tulsa criminal attorney for help now. They’ll be able to look at your conviction and give you more information on your options for expungement and will help you move through the process to have your criminal record erase.