The issue of expungements and gun rights is a legal conundrum that people with prior convictions face. Individuals who have lost their gun rights due to a criminal conviction often seek ways to restore them. In Rogers County, one legal avenue is through the process of expungement, which can clear or seal criminal records. However, expungements aren’t the only thing you need to restore firearm rights. Understanding the types of expungements available and their impact on gun rights is an important step for individuals wanting to legally possess firearms again. This article explores the specifics of expungement in Rogers County and its roll in restoring gun rights.

Understanding Expungement in Oklahoma

Expungement refers to the process where a person’s record is either sealed or erased in the eyes of the law. In Oklahoma, there are two main types of expungements that concern individuals seeking to restore their rights: Section 18 and Section 991c. Both of these types go to different extents of coverage and provide different results. The restoration of gun rights mainly depends on the type of crime that is committed and the nature of the original conviction. As such, under Oklahoma law you must receive a pardon to be able to receive your gun rights back. Once you receive the full pardon, you will be able to file for an expungement of the crime.

Section 18 Expungement

This is the most comprehensive form of expungement available in Oklahoma. It essentially seals the criminal record, making it inaccessible to the general public. Section 18 expungement can apply to various types of criminal records, including misdemeanor and felony convictions under certain conditions. If successful, it generally restores a person’s rights fully. However, a felony conviction removes your right to own guns, and you must receive a governmental pardon to restore them. In this instance, you should seek a pardon before you try to expunge a felony from your record. An attorney with prior expungement experience is the best person to apply for your pardon and then file for an expungement. It makes the process more seamless and streamlines it usually.

Section 991c Expungement

This is a less extensive form of expungement, often referred to as a “plea expungement.” While it doesn’t erase the record, it changes it to show the dismissal of the case after the successful completion of a deferred sentence. While this type of expungement offers some relief, it does not completely seal the record. Typically, this does not restore firearm rights because the conviction remains accessible to certain government agencies and is still a conviction for purposes of federal law. This is where a pardon would come into play to restore your gun rights.

Eligibility for Expungement

Eligibility for expungements and restoration of gun rights depends on several factors. Some of these include: the type of crime, the time since the conviction or completion of the sentence, and whether all conditions of the sentence were met, including probation and fines. Under Oklahoma law, violent felonies are ineligible for expungements. This means you must file for a pardon with the governor’s office. Unfortunately, depending on the severity of the violent crime, it is unlikely that you will receive a pardon. It’s important to consult an attorney to review your offenses to see what you would be eligible for.

Process and Considerations

The expungement process involves filing a petition in the district court of Rogers County. It’s a good idea to seek legal advice, as the process can be complex and requires strong documentation and a compelling legal argument. Once you file everything with the proper court, you must send notice to all parties who have an interest in your case. This means the arresting agency, the correction facility or jail, as well as any other agency that may have your information. After you give notice to everyone, you will have a hearing where the judge will review everything and make a determination.

Additionally, it’s important to note that restoring gun rights at the state level does not necessarily restore them at the federal level. This is especially true if the conviction involves federal offenses or conditions that fall under federal restrictions. Consequently, this may result in your having to seek a pardon on the federal level.

Rogers County Expungement Attorneys

Expungement can be part of your plan to restoring your gun rights in Rogers County, Oklahoma. However, the type of expungement and the details of the original conviction play critical roles in determining eligibility. For those seeking to restore their rights, obtaining a Section 18 expungement after a pardon offers the best chance to reclaiming your gun rights. When attempting to get an expungement, it’s important to be sure you meet all criteria.

Consulting with an attorney can provide guidance tailored to individual cases and increase the likelihood of successfully restoring gun rights. If you’re wanting to seek an expungement or need help understanding the process, contact our team of expungement attorneys here at Claremore Attorneys. For a free and confidential consultation, call us at 918-379-4872 or reach us on our Ask A Lawyer feature. For more information on other topics, take a look at our Claremore Attorneys Law Blog.