How to Clear an Oklahoma Criminal Record After Criminal Identity Theft

Discovering that you have a criminal record for an offense you did not commit is terrifying. Criminal identity theft occurs when a criminal is arrested, cited for a traffic violation, or booked into an Oklahoma jail and gives law enforcement your name, date of birth, and Social Security number instead of their own. Whether you live in Moore, Enid, or Lawton, this fraudulent record can ruin your background checks, causing you to lose job offers, housing applications, and professional licenses. Merely telling the police "it wasn't me" is not enough. Victims typically follow a structured legal process to officially clear their name and expunge the fraudulent charges from state databases.

Types of Criminal Identity Theft in Oklahoma

Criminals use stolen identities during law enforcement encounters to avoid outstanding warrants or severe penalties. Understanding how your identity was misused is the first step in determining which local court and agency you must deal with.

Traffic Citations in Someone Else's Name

If a driver is pulled over for a DUI in Norman or speeding in Tulsa and does not have a physical ID on them, they might verbally provide your information to the officer. If they sign the citation using your name and subsequently fail to show up for court, a bench warrant will be issued for your arrest. You could unexpectedly be taken into custody during a routine traffic stop simply because someone else used your identity years ago.

Jail Bookings and Fingerprint Mismatches

When someone is physically arrested for a misdemeanor or felony, they are booked into a facility like the Oklahoma County Detention Center. They are photographed and fingerprinted. If they successfully book under your name, the Oklahoma State Courts Network (OSCN) will tie the criminal case to your identity. The most powerful piece of evidence to exonerate yourself in this scenario is a fingerprint comparison.

Outstanding Felony Warrants

Sometimes, sophisticated identity thieves use your information during complex financial crimes, resulting in sealed indictments and felony warrants being issued in your name. Clearing a felony warrant requires immediate intervention by an attorney to quash the warrant before you are unlawfully detained.

Step-by-Step Process to Clear Your Name in Oklahoma

Oklahoma law specifically provides a direct remedy for victims of criminal identity theft. Under Okla. Stat. tit. 22, § 19a, an individual qualifies for an expungement if arrested, cited, or charged due to another person using their identifying information. Under this statute, the court may enter an expungement order directly upon dismissal of the charges. Here is how victims typically navigate this procedure.

Step 1: File an Identity Theft Report

Establishing a verified paper trail is essential for demonstrating that an individual is a victim of criminal identity theft. Victims generally file a formal police report regarding the stolen identity in their home jurisdiction. If an active warrant is discovered, consulting legal counsel before contacting the arresting agency helps prevent an accidental custody detention.

Step 2: Contact the Arresting Agency and District Attorney

Your attorney will contact the specific law enforcement agency that made the arrest and the prosecuting attorney, such as the Oklahoma County District Attorney's Office, Oklahoma City or the Tulsa County District Attorney's Office, Tulsa. The goal is to provide evidence (alibis, work schedules, physical descriptions) proving you could not have committed the crime.

Step 3: Fingerprint Comparison with the OSBI

The definitive proof of criminal identity theft is an official fingerprint comparison. Individuals submit fingerprint cards along with an official Criminal History Record Information Request to the Oklahoma State Bureau of Investigation, Oklahoma City (or via the OSBI Criminal History Information Request Portal, CHIRP). The OSBI compares these prints against those taken during the fraudulent arrest or booking. Once the OSBI issues official findings confirming a mismatch, the District Attorney can move to dismiss the charges and clear the victim's name.

Step 4: Securing an Expungement Order Under Section 19a

Under Okla. Stat. tit. 22, § 19a, the presiding judge has the statutory authority to issue an immediate expungement order upon dismissal of the charges, either on the court's own motion or upon application by the prosecutor or defendant. Alternatively, if proceedings have already concluded without an immediate order, an attorney can petition the district court where the fraudulent case originated, such as the Oklahoma County District Court, Oklahoma City or the Tulsa County District Court, Tulsa, providing notice to law enforcement agencies and the OSBI to ensure the record is sealed.

Step 5: Update Background Check Databases

Once the judge signs the Order of Expungement, the OSBI will seal the record. However, sending the certified expungement order to private background check companies (like Checkr or HireRight) ensures commercial databases are scrubbed, preventing future employment or housing delays.

How Much Does it Cost in Oklahoma?

Clearing a criminal identity theft record involves legal and administrative fees.

• Attorney Fees: Expungement lawyers in Oklahoma typically charge flat fees ranging from $1,500 to $3,500, depending on the complexity of quashing warrants versus a simple expungement.
• Filing Fees: The civil filing fee in an Oklahoma District Court is approximately $162.14.
• OSBI Processing Fee: The OSBI generally charges $150 to process a standard expungement order, plus small fees for background checks and fingerprinting.

How Long Does the Process Take?

If there is an active warrant, an attorney can often quash it within a few days to a week. The fingerprint comparison by the OSBI may take 3 to 6 weeks. Filing the petition for expungement requires a 30-day waiting period for agencies to respond. In total, expect the entire process of completely sealing your record to take 3 to 5 months in Oklahoma.

Frequently Asked Questions (FAQ)