Welcome to Legal Aid Services of Oklahoma's guide to free legal help in Oklahoma. (2022)

Authored By: Legal Aid Services of Oklahoma, Inc.

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Contents

  • Information
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Information

Expunging a criminal record means to remove it from public view.

That means no one from the public can see or find out about your expunged criminal record (unless you give them permission).

There are official records, like court records and records held for all law enforcement by the Oklahoma State Bureau of Investigation (OSBI). Law enforcement will always have access to arrest records.

These pages tell you about expunging arrest records from public access.

What we cannot help with:
There are also informal records by newspapers and other online sources. The internet makes all of these informal records hard to conceal.

Need more answers? Look here!

Important! Only certain crimes and certain situations qualify for expungement. Some crimes can never be removed from your record.
Click here to see a list.

You cannot expunge any records if you have current charges pending, misdemeanor or felony!

You can expunge your criminal record if:

  • The crime and your situation qualify for Section 18
  • You completed probation or had a delayed sentence that is eligible for expungement. (Section 991(C))
  • You were named in a protective order in certain situations. (Section 60.18)
  • Someone who stole your identity committed the crime. (Section 19A))
  • You were a victim of human trafficking. (Section 19(C))

Click on any topic below:

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  • Section 18: Certain crimes and specific situations
  • Situations that Qualify for Section 18 Expungement
  • Section 991(C): Expungement after a delayed (deferred) sentence or probation
  • Section 60.18: If Someone got a Protective Order Against You
  • Section 19(A): If Your Identity Was Stolen
  • Section 19(C): Victims of Human Trafficking
  • Resources

Section 18: Certain crimes and specific situations

If your crime and situation are listed below, you may qualify for Section 18 Expungement. That means you could remove the public records of your arrest and conviction.* These are the arrest records held by the OSBI. Employers and landlords look at these.

The most common situations that qualify are:

  • Charges only (§ A.7.) Misdemeanor or felony charges that were dropped (dismissed) and will not be filed again, or the statute of limitations has expired, if you have no felony convictions.
  • Arrested & no charges (§ A.5.) Arrested, but no charges were filed and the statutes of limitations has passed.
  • Under 18 when the offense was committed. (§ A.6.) Under 18 when crime committed and received a full pardon.
  • Deferred Misdemeanor (§ A.8.) Successful completion of misdemeanor, charges deferred and dismissed, NO felony convictions and at least 1 years since the dismissal.
  • Deferred Felony (§ A.9.) Successful completion of felony, charges deferred and dismissed, NO felony convictions and at least 5 years since the dismissal.
  • Misdemeanor Conviction less than $501 fine (§ A.10.) No jail or prison time, all fines paid, no felony convictions.
  • Misdemeanor Conviction more than $500 fine (§ A.11.) Fine or jail or prison time, or suspended sentence. All fine all fines paid, no felony convictions and 5 years since the end of the last misdemeanor sentence.
  • 1 Felony Conviction (§ A.12.) Non-violent felony, no other felony convictions, no misdemeanor convictions in last 7years and at least 5years since the completion of the felony sentence.
  • 2 Felony Convictions (§ A.13.) No more than 2 felony convictions, non-violent, received full pardon for both, at least 20 years since the last misdemeanor or felony conviction.
  • Not guilty decision at your trial or appeal, with DNA evidence, or pardoned by the Governor with a finding of actual innocence.

Click here for a complete list of Section 18 eligible situations.

*NOTE: Even if you expunge your arrest record, your name, address, and some identifying information will stay on your record. There will be no mention of the crime.

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Situations that Qualify for Section 18 Expungement

  1. A judge or jury said you were Not Guilty of the charge.
  2. An appeal court rejects that you are guilty, and tells the District Attorney (DA) to drop (dismiss) the charges, or the DA drops (dismisses) the charges.
  3. DNA evidence after your conviction proves you are innocent, whether or not you are in prison.
  4. You were pardoned by the Governor with a finding of innocence.
  5. You were arrested, but never charged with any crime, and:
    • The statute of limitations has expired, or
    • The DA has decided not to charge you.
  6. You were under 18 when the crime was committed, and the Governor gave you a full pardon
  7. You were charged with a misdemeanor(s) or felonies, you have no felony convictions and no other misdemeanor or felony charges, and
    • The statute of limitations has expired, or
    • The DA confirms you will not be charged.
    Note: This category is not for deferred or delayed sentences.
  8. You were charged with a misdemeanor, you have no felony or other misdemeanor convictions or charges, you completed a delayed (deferred) sentence one (1) or more years ago, and the charge is now dismissed.
  9. You were charged with a non-violent felony (see list of all violent felonies), you have no other felony or misdemeanor convictions or charges, you completed a delayed (deferred) sentence 10 or more years ago, and the charge is now dismissed.
  10. You were convicted of a misdemeanor, you have no felony or other misdemeanor convictions or charges, and the misdemeanor conviction was at least 10 years ago.
  11. You were convicted of a non-violent felony (see list of all violent felonies), you have no other felony convictions and no separatemisdemeanor in the last 7 years and at least 5 years have passed since the completion of the sentence for the felony conviction.
  12. You were charged or arrested for a crime that was committed by someone who stole your identity.
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Section 991(C): Expungement after a delayed (deferred) sentence or probation

If you have no felonies on your record, and you committed a non-violent crime, you may qualify for a delayed (deferred) sentence. (There are some exceptions.)

A delayed sentence gives you a chance to remove the crime from all public court records. That means no one can see your court records unless:

  • You give them written permission, or
  • They have a court order that allows them to see your record.

Before your records can be expunged, you must meet all of the court’s conditions, which may include:

  • Probation
  • Fines
  • Court costs
  • No other arrests or charges during the “delay” period
Important! If you get these records expunged, the record of the crime won’t show up on the online court docket sites like OSCN or ODCR.
Your OSBI arrest record will still be public.To remove that from your arrest record, you must ask for a Section 18 expungement.
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Section 60.18: If Someone got a Protective Order Against You

If a court made a protective order against you, you can have that order removed from your record in these 3 situations:

  • The person who asked for the Protective Order died.
  • The Protective Order was vacated (cancelled by the court) at least 3 years ago.
  • It was a temporary, emergency or ex parte order that later was:
    • Withdrawn,
    • Denied, or
    • Dismissed because the person who asked for the order did not go to the hearing.

If you are in one of these situations, and it has been more than 90 days since the last hearing on this order, you may file a petition with the district court that made the order.

Your petition must say that:

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  • You want a Section 60.18 Expungement, and
  • You have not been charged, convicted, or accused of disobeying the Protective Order.

The court clerk will give you a time and date for a court hearing. The date will be at least 30 days after you file your petition.

Next, you must serve a copy of the petition by certified mail to the person who asked for the original order. You have 10 days after filing your petition to do this.That person has 30 days after being served to tell the court if s/he disagrees.

The court clerk will send a notice of the hearing to:

  • District attorney’s office,
  • Police or sheriff's office, and
  • Anyone else involved in your case, such as local law enforcement.

Go to your hearing. Answer any questions the court or DA asks you about the case. If the judge approves your request, your court records will be expunged.

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Section 19(A): If Your Identity Was Stolen

If you were arrested or charged (or there was a warrant for your arrest) because of the actions of someone who stole your identity, you can ask the court or District Attorney to expunge the records caused by the identity theft.

But first, you must show the court or district attorney that you were a victim of identity theft. After you do that, they will drop (dismiss) the charges against you.

You will/may have to complete a delayed (deferred) sentence. But it won’t show up on the online court records on the OSCN or ODCR records web sites.

A Section 19(A) expungement can remove all mentions of the case from the court and law enforcement records. But it will not clean up your arrest (OSBI) records. To remove the information from your arrest record, you must also ask for a Section 18 expungement.

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Section 19(C): Victims of Human Trafficking

If you were arrested, charged, or convicted of a crime related to prostitution when you were a victim of human trafficking, you may ask the court to expunge court and law enforcement records. (Law enforcement agencies will still be able to see your record if they need to do so for their work.)

The court sometimes does this, even if you do not ask. But if the court did not do this in your case, you may ask the court to do so. First you must show proof of your situation to the court.

Back to top

Last Review and Update: Oct 30, 2018

Welcome to Legal Aid Services of Oklahoma's guide to free legal help in Oklahoma. (7)

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FAQs

What does free legal assistance group do? ›

The Free Legal Assistance Group is a human rights organisation that is committed to the protection and promotion of human rights and civil liberties. FLAG works to help excluded and vilified individuals secure legal documents pertaining to citizenship, land ownership, health, and communal development.

Does Oklahoma have legal aid? ›

Legal Aid Services of Oklahoma is a nonprofit organization that provides civil legal assistance to low-income persons throughout Oklahoma.

Who is eligible for free legal aid under Nalsa? ›

It states that those persons who have annual income of less than the amount prescribed by the respective State Government, if the case is before any court other than the Supreme Court, and less than Rs. 5 Lakhs, if the case is before the Supreme Court, are eligible for free legal aid.

How much does a family lawyer cost in Oklahoma? ›

The average hourly rate for a family lawyer in Oklahoma is $231 per hour.

How do you qualify for Pao? ›

The Indigency Test.
  1. If residing in Metro Manila, whose net income does not exceed Php14,000.00 a month;
  2. If residing in other cities, whose net income does not exceed Php13,000.00 a month;
  3. If residing in other places, whose net income does not exceed Php 12,000.00 a month.

What is right to legal assistance? ›

- This Act shall be known as the "Free Legal Assistance Act of 2010". Section 2. Declaration of Policy. - It is the declared policy of the State to value the dignity of every human person and guarantee the rights of every individual, particularly those who cannot afford the services of legal counsel.

Is legal aid free in Oklahoma? ›

Who We Help. Our goal is to provide free legal services to eligible low income people, and senior citizens. Legal Aid never charges a “retainer fee” for services. LASO helps with problems related to COVID-19.

How do I get divorce papers in Oklahoma? ›

Go to the court clerk's office. File the petition, the summons, and the civil cover sheet. You should make several copies of each document. The court clerk will keep the original petition in the court records, and the clerk will stamp the copies and give the copies back to you.

What are the different types of legal aid? ›

There are two types of legal aid: for civil and for criminal cases. All applications for legal aid for criminal cases are means tested. But some applications for legal aid for civil cases are not means tested, for example care cases and Mental Health Tribunal cases.

Can we fight our own case in court? ›

Provision for Fighting One's Own Case as per Advocate's Act. Section 32 of the Advocate's Act clearly mentions, the court may allow any person to appear before it even if he is not an advocate. Therefore, one gets the statutory right to defend one's own case through Advocate Act in India.

Where does legal aid money come from? ›

The Government provides money to help pay for your case. The money comes from the Community Legal Services Fund (CLS) and is administered by the Legal Aid Agency.

How much does a custody battle cost in Oklahoma? ›

A typical flat fee we charge for that would be $1,250, but that requires the parties have an agreement on all terms, so an agreement to get divorced, an agreement regarding asset division, debt division, custody, visitation, child support, alimony, all of those things.

What is the average cost of a divorce in Oklahoma? ›

How much does it cost to file for a divorce in Oklahoma? Fees to file for divorce in Oklahoma will vary slightly from county to county, but will be around $180 to $185. This is for a filing without any minor children. There are also additional fees if the paperwork needs to be served by a process server or a sheriff.

How much does a divorce cost in Oklahoma with a child? ›

A dissolution of marriage with children in Oklahoma typically costs around $18,700.00 on average when it is contested. At Express Documents and Mediation, Inc., we help couples agree on the conditions of their separation so that they can get an uncontested process with children or without children.

Who is eligible for free legal assistance? ›

The following shall be considered indigent persons: 1. Those residing in Metro Manila whose family income does not exceed P14,000.00 a month; 2. Those residing in other cities whose family income does not exceed P13,000.00 a month; and 3.

Is consultation in PAO free? ›

Under R. A. 9406, the PAO shall independently discharge its mandate to render, free of charge, legal representation, assistance and counselling to indigent persons in criminal, civil, labor, administrative and other quasi-judicial cases.

How much does an attorney consultation cost? ›

The minimum for an hourly consultation is around PHP 1,000.00 outside of Metro Manila and PHP 2,500.00 in Metro Manila. The rate only goes higher depending on the lawyer. There is no standard rate for an hourly consultation so it is best to ask for the consultation fee before booking a consultation.

What is the meaning of Section 11 Bill of rights? ›

BILL OF RIGHTS. Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

Which right of the accused Cannot be waived? ›

If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him.

Whats the difference between a legal assistant and a paralegal? ›

A legal assistant, or litigation assistant, may perform administrative duties as well as legal tasks. A paralegal focuses more on legal duties and research to assist lawyers. Both positions require an understanding of legal terminology and procedures.

How can I get a free lawyer in Philippines? ›

Go to Public Attorney's Office

Public Attorney's Office (PAO) has been known for providing free legal assistance to underprivileged clients. The lawyers will represent the client pro bono. They have nationwide offices or we can also visit their official website:www.pao.gov.ph.

How do I contact Pao online? ›

In an online video message sent out through social media, Acosta said the agency may be contacted at its hotline 0919-262-5190.

How do I report an agent in POEA? ›

Ople Building, Ortigas Avenue corner EDSA, Mandaluyong City of the POEA. Step 1: Fill out a verification form. (This can be obtained from the security guard of the office.) Step 2: Present the accomplished form at the Licensing branch (Window #3) for verification of status of the agency/staff of the agency.

How do I become a public lawyer in the Philippines? ›

  1. Cultivate the Important Skills and Qualities Required To Study Law. a. ...
  2. Obtain a Bachelor's Degree From a Recognized College or University.
  3. Take the Philippine Law School Admission Test (PhiLSAT)
  4. Study Law for Four Years in a Recognized Law School.
  5. Take and Pass the Bar Examinations. ...
  6. Take Your Oath and Start Practicing Law.

What's the difference between attorney and lawyer? ›

Attorney vs Lawyer: Comparing Definitions

Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

How much does an attorney consultation cost? ›

The minimum for an hourly consultation is around PHP 1,000.00 outside of Metro Manila and PHP 2,500.00 in Metro Manila. The rate only goes higher depending on the lawyer. There is no standard rate for an hourly consultation so it is best to ask for the consultation fee before booking a consultation.

What is the shortcut of attorney? ›

The attorney abbreviation “Atty.” is commonly used while referring to lawyers who practice law in the United States.

Is consultation in PAO free? ›

Under R. A. 9406, the PAO shall independently discharge its mandate to render, free of charge, legal representation, assistance and counselling to indigent persons in criminal, civil, labor, administrative and other quasi-judicial cases.

Can PAO lawyers notarize? ›

The Public Attorney's Office (PAO) does not only render court representation to indigent persons but also provides non-judicial services such as legal counseling, preparation of affidavits, notices, and other documents as well as notarization.

How do you know if an agency is legit? ›

There are a few key things to look for when determining if a recruitment agency is legitimate. First, check to see if the agency is registered with the Better Business Bureau. Second, ask around to see if anyone you know has used the agency's services before and if they were satisfied with the experience.

How do I ask for help from POEA? ›

The POEA advised overseas job seekers, OFWs, and their immediate families who would want to avail of free legal assistance to log on to the POEA legal assistance online platform at legalassistance.poea.gov.ph or e-mail the Legal Assistance Division at legalassistance.poea@gmail.com.

Who can file a case for illegal recruitment? ›

In the filing of cases for illegal recruitment or any of the prohibited acts under this Section 6 of RA 8042, the Secretary of Labor and Employment, the POEA Administrator or their duly authorized representatives, or any aggrieved person may initiate the corresponding criminal action with the appropriate office.

How many years does it take to become a lawyer? ›

It usually takes seven years to become a lawyer, including four years of undergraduate study and three years of law school.

Which course is best for lawyer? ›

These are the law courses after 12th available in India.
  • Bachelor of Laws (LL.B.) – 3 years. ...
  • Integrated undergraduate degrees – B.A. LL.B., B.Sc. ...
  • Master of Laws (LL.M.) – ...
  • Master of Business Law. ...
  • Doctor of Philosophy (PhD) ...
  • Integrated MBL-LLM/ MBA-LLM – 3 years. ...
  • Here are some of the designations of lawyers:
Sep 18, 2018

How many years does it take to become a judge? ›

Qualifications to Become a Judge in High Court

Must have an LLB/LLM degree. He/she should have held a judicial office in India for 10 years or he should have been an advocate of a high court for 10 years.

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