Section 18 vs. Section 991c Expungements in Oklahoma: What is the Difference?
A Section 991c expungement only changes your court record to show a dismissed case, but your arrest remains visible to employers. A Section 18 expungement is a full record seal, completely erasing both the court case and the arrest from public background checks.
Understanding the Two Types of Expungement
In Oklahoma, 'expungement' is a confusing term because it legally refers to two completely different processes. When you complete a period of probation, you might be told by a judge or a probation officer that your record has been expunged. However, you might apply for a job a year later and be shocked to discover your arrest still shows up on the background check. This happens because you likely received a partial expungement instead of a full record seal.
Understanding the distinction between a Section 991c expungement and a Section 18 expungement is the most important part of clearing your criminal history. These refer to two specific statutes in the state code: Okla. Stat. tit. 22, § 991c and Okla. Stat. tit. 22, § 18. They offer vastly different levels of protection for your reputation and career.
Who Qualifies for Each?
A Section 991c expungement is specifically designed for people who received a 'deferred sentence'. When you plead guilty on a deferred sentence, the judge delays finding you guilty and puts you on probation. If you successfully pay your fines and stay out of trouble, you qualify for a 991c expungement immediately upon finishing probation.
A Section 18 expungement has much stricter qualifications. It is the ultimate goal for anyone with a criminal past. To qualify for a Section 18, you generally must have received a deferred sentence, had your case dismissed, or been acquitted. Most importantly, unless your case was outright dismissed or you were acquitted, you must wait a specific number of years-ranging from 1 year to 5 years after your case is closed-before you are legally allowed to apply.
What Remains Visible to Law Enforcement vs. Employers
The core difference between the two statutes lies in who can see your past.
Why a 991c is Often Just a Partial Fix
When you complete your deferred sentence, a 991c expungement clears your court docket pursuant to Okla. Stat. tit. 22, § 991c(C). The court clerk changes your guilty plea to 'Not Guilty', dismisses the charge, and removes your name from the public court index, effectively hiding the case from public searches on the Oklahoma Supreme Court Network, Oklahoma City (OSCN). However, a 991c expungement only seals the court record; it does not expunge your arrest record or fingerprints held by the Oklahoma State Bureau of Investigation, Oklahoma City. Any employer or background check company that queries the OSBI will still see that you were arrested. A 991c simply proves you completed probation, but it takes a Section 18 expungement to seal your arrest record entirely.
The Power of a Section 18 Full Record Seal
A Section 18 expungement is a true, total erasure from the public eye. When a judge grants a Section 18, the court clerk physically and digitally seals the entire court file. Furthermore, the Oklahoma State Bureau of Investigation, Oklahoma City restricts the arrest record. Once finalized, private employers, landlords, and the general public cannot see the arrest or the court case. In fact, under Oklahoma law, you are legally allowed to state on a job application that the arrest never happened. The only entities that can ever see a Section 18 sealed record are law enforcement agencies, and even they require a court order or an ongoing criminal investigation to access it.
How to Upgrade to a Full Section 18
If you currently have a 991c, your ultimate goal should be to upgrade to a Section 18. This is a common and highly encouraged legal maneuver, deeply supported by the legislative intent highlighted in precedents like State v. McMahon, 959 P.2d 607 (OK Court of Civil Appeals 1998).
To upgrade, you must first verify that you have passed the statutory waiting period. If your deferred sentence was for a misdemeanor, you must wait 1 year after the 991c dismissal. If it was for a non-violent felony, you must wait 5 years after the dismissal. Once eligible, your attorney will file a new civil lawsuit, often in the court where the original charges occurred, such as the Comanche County District Court, Lawton or the Payne County District Court, Stillwater. After the court grants the expungement, your attorney must submit a certified copy of the order of expungement along with the required $150 processing fee to the Oklahoma State Bureau of Investigation, Oklahoma City to seal your arrest record.
We highly suggest browsing our directory of US Lawyers to find an Oklahoma expungement specialist who can analyze your 991c and immediately begin the process of upgrading you to a full Section 18.
Frequently Asked Questions (FAQ)
Does a 991c expungement happen automatically?
It is supposed to, but court clerks are overwhelmed. Often, you or your attorney must file a motion to prompt the court to actually enter the 991c dismissal onto your docket after you complete probation.
Will a Section 18 expungement restore my gun rights?
If your gun rights were restricted due to a felony deferred sentence, upgrading to a Section 18 expungement generally restores your Second Amendment rights under Oklahoma law, as the felony record is completely sealed and dismissed.
Can a violent felony be expunged under Section 18?
Generally, no. Oklahoma law prohibits the full Section 18 expungement of most violent felony convictions. However, if the violent felony was completely dismissed or you were acquitted, you may still qualify.
Do I have to disclose a Section 18 to professional licensing boards?
Yes. While standard employers cannot see a Section 18, state licensing boards (like the nursing board or the bar association) often have statutory authority to view sealed records and require you to disclose the underlying arrest.
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