Misdemeanors in Oklahoma
Misdemeanors are never punishable via death, but instead always via a fine or a jail sentence. These jail sentences rarely exceed more than a year. The fines for misdemeanors do not exceed five hundred dollars. Like felonies, a person may be convicted and sentences to both a jail sentence and a fine. These convictions are much lower than any other state.
The charges for misdemeanors are wide and encompass many different kinds of crimes. Because of this they have been broken into different categories and types.
Alcohol related charges include driving under the influence and driving while intoxicated in vary degrees and of multiple offenses as well as public drunkenness and transportation of an open container.
Drug charges include possession of different substances and marijuana along with trafficking and possession with the intent to distribute.
Crimes against children include different forms of child abuse and enabling child neglect. Assault and battery charges include charges of varying degrees and various objects.
Property rights offenses is the most encompassing section with check fraud, damage to property, and different degrees of theft and larceny underneath.
Resisting, eluding, leaving, and obstructing an officer serves as another category. The final category in the Oklahoma misdemeanor categories is fire arm charges.
Oklahoma provides punishments for crimes and names them misdemeanors and felonies. Felonies are defined as crimes that may be punishable by death or imprisonment in a penitentiary. Felonies are broken into different punishments according to the circumstances of the crime or crimes.
Nearly every felony, with the exception of different punishments induced by another title, are punishable with a fine that does not exceed one thousand dollars or by imprisonment in state penitentiary for no more than two years. At times a person being convicted will receive both a fine and a prison sentence.
Oklahoma Misdemeanor Expungement
Expungement is also called expunction. It is a court order that legally seals an arrest record. This means it is “erased” from public viewing completely. The only people who will then have access to the file are the proper authorities. Expungement also refers to the setting aside of a criminal conviction.
After an expungement a person will then be legally able to state that he or she never was arrested for a crime because there will be no record of it. This is helpful when a person is applying for professional licensing and future employment.
Eligibility for expungement
Eligibility for expungement depends on the crime committed and the standing conviction. Not all, but some misdemeanor, felony, and juvenile cases are eligible for legal expungement.
Oklahoma has two different types of expungements: deferred sentence and complete. Deferred sentence expungement is for those who have completed probation under the agreements. In this case the criminal case will be sealed and no conviction will follow. Complete expungement includes a court case where there was a conviction and an arrest. This kind of expungement is for those charged with misdemeanors and felonies. However, certain criteria must be met first: the case must be dismissed for at least a year, a person must have been found not guilty and a case has to be closed for ten years without any other charges to follow.