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  1. #1
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    Jan 2018
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    Default How does it Affect an Expungement if Records Werre Destroyed

    My question involves criminal records for the state of: oklahoma

    I have two criminal charges dating back over ten years. The charges were dismissed, and I'm just starting the process of an expungement. However, I noticed on the online court records that the files were destroyed in August of last year. Will this prevent me from getting an expungement? I spoke with an attorney just before Christmas and he said he thought it would be doable, and so I paid him a retainer, and he said he would get back with me in about two weeks. That was over three weeks ago, and I'm wondering if maybe he met with a snag of some sort, so I'm debating on whether or not to contact him on this and what I found?

  2. #2
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    Default Re: How does it Effect an Expungement if Records Werre Destroyed

    Is this a Section 18 expungement, or a Section 991(c) expungement following a deferred disposition?

  3. #3
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    Jan 2018
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    Default Re: How does it Effect an Expungement if Records Werre Destroyed

    Quote Quoting Mr. Knowitall
    View Post
    Is this a Section 18 expungement, or a Section 991(c) expungement following a deferred disposition?
    This expungment is a section 18

    One charge was plead out to in 2004, but by some miracle, by 2007, I was able to get the conviction appealed and the lower court threw out the conviction, and dismissed the charge WITH prejudice. The second charge was held in abeyance until the first charge got dealt with. When the first charge was properly dealt with, the second charge was dismissed. The records of the second charge, however, do not show that they have been destroyed.

  4. #4
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    Default Re: How does it Effect an Expungement if Records Werre Destroyed

    If you qualify for a Section 18 expungement, then the question of whether or not the court retained files (as opposed to just the abstract of the case) should not affect your ability to have other records expunged.

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