Expunging a Criminal Record in Oklahoma (2026)
Reviewed by DocDraft Legal Team · Oklahoma · Last updated August 19, 2026
Oklahoma calls its main record-clearing relief expungement, and it is governed by 22 O.S. Section 18, which lists the eligible categories, and 22 O.S. Section 19, which sets the procedure. Non-conviction outcomes such as acquittals, declined charges, and dismissals are often eligible right away, while a misdemeanor conviction generally requires about a 5-year wait after completing the sentence and many nonviolent felony convictions require about 5 years with no intervening convictions. Violent felonies and felony sex offenses requiring registration are excluded. Oklahoma also enacted an automatic Clean Slate law, HB 3316 (2022), directing the Oklahoma State Bureau of Investigation (OSBI) to auto-expunge eligible misdemeanors and certain nonviolent felonies. A petition is filed in the district court where the arrest occurred, and the OSBI is the state repository that updates the record.
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What are you trying to clear?
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What record-clearing relief does Oklahoma offer and what is it called?
Oklahoma calls it expungement. Under 22 O.S. Section 18, an eligible arrest and court record can be sealed from public view, and Section 19 sets the procedure. The Oklahoma State Bureau of Investigation (OSBI) is the state repository that updates the record once a court grants the expungement.
What is eligible for expungement in Oklahoma and what is the waiting period?
Non-conviction outcomes such as acquittals, declined or dismissed charges, and pardons are often eligible immediately under 22 O.S. Section 18. A misdemeanor conviction generally requires about a 5-year wait after completing the sentence, and many nonviolent felony convictions require about 5 years with no intervening convictions.
Can you expunge or seal a felony conviction in Oklahoma?
Sometimes. Under 22 O.S. Section 18, many nonviolent felony convictions can be expunged after roughly a 5-year wait from completing the sentence, provided there are no other convictions in the preceding years. Violent felonies and felony sex offenses that require sex-offender registration are excluded and cannot be expunged.
Does Oklahoma have automatic Clean Slate expungement of records?
Yes. HB 3316 (2022) created an automatic Clean Slate process directing the OSBI to identify and auto-expunge eligible misdemeanors and certain nonviolent felonies without a petition. Implementation is funded and rolling out, with the statutory trigger set at three years after the November 1, 2022 effective date. Excluded offenses still require a petition.
Who is eligible for Oklahoma's automatic Clean Slate expungement?
Clean Slate targets records the OSBI can already expunge by petition: eligible misdemeanors and certain nonviolent felonies that meet the Section 18 waiting periods with no disqualifying record. Violent felonies, felony sex offenses requiring registration, and other excluded categories are not auto-expunged. The OSBI, prosecutors, and courts review each record before any automatic order.
Oklahoma Expungement Under 22 O.S. Sections 18 and 19, Plus Automatic Clean Slate
Oklahoma's record-clearing relief is called expungement and is set out in 22 O.S. Section 18, which lists the eligible categories, and 22 O.S. Section 19, which sets the procedure. Section 18 covers a range of situations: acquittals, charges the prosecutor declined to file or that were dismissed, cases reversed on appeal and then dismissed, factual innocence established by DNA, deferred sentences that ended in dismissal, and, importantly, convictions after a waiting period. A misdemeanor conviction is generally eligible about 5 years after the sentence is completed, and many nonviolent felony convictions are eligible about 5 years after completion when the person has no other convictions in the surrounding period. Violent felonies and felony sex offenses requiring registration under Oklahoma's Sex Offenders Registration Act are categorically excluded. A petition is filed in the district court of the county where the arrest information is located; expunging the court record is free, but the OSBI charges a processing fee (commonly cited at $150) to seal the arrest record. The Oklahoma State Bureau of Investigation (OSBI) is the state repository that updates the criminal history once a court signs the order. Oklahoma also enacted an automatic Clean Slate law, HB 3316 (2022), directing the OSBI to identify eligible misdemeanors and certain nonviolent felonies each month and route them through the arresting agency, prosecutor, and court for review before an automatic expungement order issues, so eligible people no longer need to file a petition for those records.
Relevant Laws
Oklahoma Expungement Eligibility (22 O.S. Section 18)
Lists the categories of persons authorized to seek expungement of an arrest and court record in Oklahoma, including acquittals, declined or dismissed charges, factual innocence, deferred sentences ending in dismissal, and misdemeanor and nonviolent felony convictions after their waiting periods. Violent felonies and registrable sex offenses are excluded.
Oklahoma Expungement Procedure (22 O.S. Section 19)
Sets the procedure for expungement: filing a petition in the district court where the arrest information is located, serving the district attorney, arresting agency, and OSBI, and the hearing at which the court weighs the petitioner's interest against the public interest before ordering the record sealed.
Oklahoma Automatic Clean Slate Expungement (HB 3316, 2022)
Directs the Oklahoma State Bureau of Investigation to identify and automatically expunge eligible misdemeanors and certain nonviolent felonies without a petition, subject to review by the OSBI, arresting agency, prosecutor, and court. Implementation is funded and rolling out, keyed to three years after the November 1, 2022 effective date.
No General Federal Expungement of Oklahoma State Records
There is no general federal law that expunges Oklahoma state arrests or convictions; record-clearing of state records is governed by Oklahoma law under 22 O.S. Sections 18 and 19. The OSBI is the state repository that updates the criminal history once an Oklahoma court grants expungement.
Regional Variances
Oklahoma Expungement Eligibility Table (22 O.S. Sections 18 and 19)
Relief type and name
Oklahoma calls the relief expungement, governed by 22 O.S. Section 18 (eligible categories) and Section 19 (procedure). A granted expungement seals the arrest and court record from public view. The Oklahoma State Bureau of Investigation (OSBI) is the state repository that updates the record after a district court order.
Eligible offenses and outcomes
Section 18 covers non-conviction outcomes such as acquittals, charges the DA declined to file or that were dismissed, cases reversed on appeal and dismissed, factual innocence by DNA, and deferred sentences ending in dismissal. It also covers misdemeanor convictions and many nonviolent felony convictions once the waiting period is met.
Waiting period by offense class
Non-conviction outcomes (acquittal, declined or dismissed charges, pardon) are often eligible immediately. A misdemeanor conviction is generally eligible about 5 years after completing the sentence. Many nonviolent felony convictions are eligible about 5 years after completion with no other convictions in the surrounding period. Confirm the exact category in Section 18.
Excluded offenses
Violent felonies and felony sex offenses requiring registration under Oklahoma's Sex Offenders Registration Act are categorically excluded and cannot be expunged under Section 18. Other serious offenses and an intervening felony conviction can also disqualify a record. These exclusions apply to both petition-based and automatic Clean Slate relief.
Automatic Clean Slate status (HB 3316, 2022)
Oklahoma enacted automatic Clean Slate expungement via HB 3316 (2022), directing the OSBI to auto-expunge eligible misdemeanors and certain nonviolent felonies without a petition. Implementation is funded and rolling out, keyed to three years after the November 1, 2022 effective date. Excluded offenses still require a Section 18 petition.
Suggested Compliance Checklist
Confirm your Oklahoma Section 18 category and waiting period
Before you file days after startingMatch your outcome to a 22 O.S. Section 18 category and verify the waiting period: often immediate for non-convictions, about 5 years after completion for a misdemeanor conviction, and about 5 years for many nonviolent felony convictions with no other convictions. Confirm your offense is not an excluded violent or registrable sex offense.
Order your OSBI criminal history record
Before drafting the petition days after startingRequest your Oklahoma State Bureau of Investigation criminal history so you can list every arrest, case number, county, and disposition accurately. Confirm the OSBI record matches the court dispositions, because errors or missing dispositions can delay or defeat the petition. Identify the correct county district court for filing.
Prepare the Section 18 expungement petition
Before the filing deadline you set days after startingDraft a petition citing the specific 22 O.S. Section 18 eligibility category and the Section 19 procedure, naming the arresting agency, district attorney, and OSBI for notice. Oklahoma has no single statewide form for every case, so tailor the petition to your facts. An attorney can help if your eligibility category is uncertain.
File in the correct district court and address the fee
On the filing date days after startingFile in the district court of the county where the arrest information is located under 22 O.S. Section 19. The court record expungement is free, but budget for the OSBI processing fee (commonly cited at $150) and certified-copy costs. Request a fee waiver or pauper's affidavit from the Oklahoma court if you cannot pay.
Serve the parties, attend the hearing, and update the OSBI
Through the hearing and after the order days after startingServe the district attorney, arresting agency, and OSBI, then attend the hearing where the court weighs your interest against the public interest. If granted, deliver certified copies of the order to the OSBI and arresting agency so the state repository seals the record, and keep copies. Confirm the sealing took effect.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm your Oklahoma Section 18 category and waiting period | Match your outcome to a 22 O.S. Section 18 category and verify the waiting period: often immediate for non-convictions, about 5 years after completion for a misdemeanor conviction, and about 5 years for many nonviolent felony convictions with no other convictions. Confirm your offense is not an excluded violent or registrable sex offense. | - | Before you file |
| Order your OSBI criminal history record | Request your Oklahoma State Bureau of Investigation criminal history so you can list every arrest, case number, county, and disposition accurately. Confirm the OSBI record matches the court dispositions, because errors or missing dispositions can delay or defeat the petition. Identify the correct county district court for filing. | - | Before drafting the petition |
| Prepare the Section 18 expungement petition | Draft a petition citing the specific 22 O.S. Section 18 eligibility category and the Section 19 procedure, naming the arresting agency, district attorney, and OSBI for notice. Oklahoma has no single statewide form for every case, so tailor the petition to your facts. An attorney can help if your eligibility category is uncertain. | - | Before the filing deadline you set |
| File in the correct district court and address the fee | File in the district court of the county where the arrest information is located under 22 O.S. Section 19. The court record expungement is free, but budget for the OSBI processing fee (commonly cited at $150) and certified-copy costs. Request a fee waiver or pauper's affidavit from the Oklahoma court if you cannot pay. | - | On the filing date |
| Serve the parties, attend the hearing, and update the OSBI | Serve the district attorney, arresting agency, and OSBI, then attend the hearing where the court weighs your interest against the public interest. If granted, deliver certified copies of the order to the OSBI and arresting agency so the state repository seals the record, and keep copies. Confirm the sealing took effect. | - | Through the hearing and after the order |
Frequently Asked Questions
Expunging the court record itself is free in Oklahoma, but the OSBI charges a processing fee (commonly cited at $150) to seal the arrest record in the state repository. Add district court filing and certified-copy costs, plus any attorney fees. If you cannot afford the costs, ask the Oklahoma court about a fee waiver or pauper's affidavit.
After you file a Section 19 petition, an Oklahoma district court typically sets a hearing 30 or more days out to give the district attorney, arresting agency, and OSBI time to object. Uncontested cases can conclude in a few months; contested ones take longer. Under automatic Clean Slate, eligible records move through a monthly OSBI review cycle instead.
Sometimes yes. An Oklahoma expungement seals the record from public view, and you may generally deny the arrest or conviction on most applications. But law enforcement, the courts, some professional licensing boards, and immigration authorities may still access sealed records under specific legal authority. Expungement is not always a complete erasure of every trace of the record.
Generally yes for most purposes. Once a record is expunged under 22 O.S. Section 18, Oklahoma law lets you deny the arrest, charge, and conviction on most employment and housing applications as if it never occurred. Exceptions apply for certain licensing, law enforcement, and government contexts, so confirm whether a specific application legally requires disclosure.
It depends on the offense class and your history. A misdemeanor DUI can fall within the Section 18 categories once the waiting period is met, while felony DUIs face the nonviolent-felony rules and exclusions. Oklahoma also allows expungement of certain marijuana-related offenses. Confirm the specific charge and waiting period against 22 O.S. Section 18 before filing.
Other Oklahoma guides
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