[pleasehelpnow123]

My question involves criminal law for the state of: ok

I had a case where I pleaded and got deferred sentence, then was expunged. I have a new case pending, and am wondering if the old charge will be used against me, or if this new charge will be considered my 2nd offense. Will this make a difference in my possibility of serving jail time? Usually, they want restitution and my attorney says that with jail time it will take longer for them to get their money, she he is thinking no jail time, but being my 2nd offense, just wanted to see what you think...thanks

[Mr. Knowitall]

There are two types of expungement in Oklahoma, Title 22 O.S. §991c which allows for the expungement of a plea of guilt or no contest after the successful completion of a deferred sentence, and Title 22 O.S. §§18 and 19 and provides for the expungement of arrest records, including arrests contained in the criminal history records at the OSBI. The first type of expungement does not affect your OSBI record.

Talk to your lawyer about the type of expungement you received, and how it will tie into your new charge.