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How long does an expungement take?

On Behalf of | Feb 3, 2025 | Criminal Defense |

Making mistakes is a natural human phenomenon. Still, sometimes, those mistakes have legal ramifications that can cast long shadows on your personal and professional life.

Expungement, a legal process for sealing criminal records, offers a path to a fresh start for individuals facing criminal charges. But how long does it take to achieve this clean slate and finally move forward?

This timeframe depends on individual circumstances and the complexity of the case

The duration of an expungement process varies depending on several factors:

  • Type of offense
  • Jurisdiction
  • Court backlog
  • Completeness of paperwork
  • Any objections raised

Oklahoma recognizes two types of expungements: Section 18 (partial) and Section 991(c). Each follows a different process and timeline.

For a Section 18 expungement in Oklahoma, the steps often include filing a petition with the court, serving notice to necessary parties, attending a hearing (if required) and waiting for the judge’s decision. This process typically takes 4-6 months but can extend longer if complications arise.

Section 991(c) expungements often move faster, as they do not require a hearing in most cases. These can be completed in as little as 2-3 months.

It is important to note that even after a judge grants an expungement, it may take additional time for all relevant agencies to update their records. This final step can add several weeks or months to the overall timeline.

Certain offenses in Oklahoma also have mandatory waiting periods before you can apply for expungement. Violent felonies generally require a 10-year wait, while non-violent felonies have a 5-year waiting period.

Seeking expungement with the proper legal help is crucial

Expungement can open doors to better employment, housing and educational opportunities. Do not let the process intimidate you. Work with a qualified attorney who can help you cross this important step toward a fresh start.