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  1. #1
    Join Date
    Dec 2007

    Default Expungement for First-Time Drug Offenders in Oklahoma

    Does 63O.S. 2-410 provide for automatic expungement for first time drug offenders who successfully complete their deferred adjudication sentence?

  2. #2
    Join Date
    Mar 2005

    Default Re: Statute 63 O.S. 2-410 Oklahoma

    The statute provides for a sentencing alternative - if the defendant is not given a deferred sentence under this statute, it has no applicability to their sentence.
    Quote Quoting Oklahoma Statutes 63-2-410. Conditional discharge for possession as first offense.
    Whenever any person who has not previously been convicted of any offense under this act or under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled dangerous substance under Section 2402, the court may, without entering a judgment of guilt and with the consent of such person, defer further proceedings and place him on probation upon such reasonable terms and conditions as it may require including the requirement that such person cooperate in a treatment and rehabilitation program of a state supported or state approved facility, if available. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge such person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this section may occur only once with respect to any person.

    Any expunged arrest or conviction shall not thereafter be regarded as an arrest or conviction for purposes of employment, civil rights, or any statute, regulation, license, questionnaire or any other public or private purpose; provided, that, any such plea of guilty or finding of guilt shall constitute a conviction of the offense for the purpose of this act or any other criminal statute under which the existence of a prior conviction is relevant.

  3. #3
    Join Date
    Dec 2007

    Default Re: Expungement for First-Time Drug Offenders in Oklahoma

    He has been offered the deferred sentence; I'm just unsure of the right to expungement. He will not qualify under title 18 because his probation is longer than 1 year (it's 2 yrs). I read in the law digest that 63 O.S. 2-410 provides for automatic expungement after successfully completing the deferred sentence but our lawyer is not sure.

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