Kevin D. Adams, Attorney at Law
Home
Cases in the News
Legal Information
Ask me a Question
Links
About Kevin Adams
Contact Information
 

 

 

Oklahoma Pardons

 

An Application for Pardon Consideration is attached, along with an information sheet.  It is important that all items on the Application be answered and returned to the address listed below.  The information you provide will help you to present yourself as a responsible and productive citizen.  The Pardon and Parole Board will review this information in making a decision on your application.  The process take approximately six months to complete.

 

If you live in the state of Oklahoma, a Probation and Parole Officer of the Department of Corrections will conduct the investigation.  You should be completely open and honest with the investigating Officer. Information you might consider negative will not necessarily hurt your application.  It may serve to show how you were able to overcome a problem and actually improve your chances of receiving a Pardon. 

 

If you live in another state, information will be requested from authorities in your home state regarding your current employment and living arrangements.  A local criminal record check will also be requested. 

 

After the investigation is completed and returned to our office, your Application will be submitted to the Pardon and Parole Board for their consideration on the next available docket (the Board meets once each month).  If you receive a favorable recommendation from a majority of the Board members, that recommendation will be forwarded to the Governor’s office for a final decision. You will be notified in writing of the Board’s recommendation and the Governor’s decision.  Please note the process takes approximately six months to complete.

 

The Pardon and Parole Board will accept a credit report from any reputable Credit Reporting agency.

 

 

 

Please contact this office by mail or telephone if you have any questions.

 

Send the completed Application package to:

 

General Counsel

Attn: Pardons

4040 N. Lincoln Blvd., Suite 219

Oklahoma City, Oklahoma  73105-5221

 

Phone:  (405) 427-8601, ext. 228
PARDON INFORMATION

 

In order for a Pardon to be effective, it must include all Oklahoma District Court felony and misdemeanor convictions, and District Court traffic convictions, which involved drugs or alcohol.  If you have cases, which have been pardoned before, these do not need to be included in your application. The Governor of the state of Oklahoma cannot pardon Federal cases or convictions from another state.

 

Under Oklahoma law, a Pardon will not clear your record.  It does not prevent your criminal record from being considered when decisions are made concerning employment or other matters.  Even if you are granted a pardon, your record may continue to affect you. A person who was under 18 years old at the time his or her offense was committed and who has received a pardon may seek to have their record expunged, see 22 O.S. § 18(5).

 

Any person convicted of a nonviolent felony that has received a pardon for the offense and has not been convicted of any other misdemeanor or felony and has no felony or misdemeanor charges pending, may after ten (10) years have passed (since the conviction) file a motion for expungement, see 22 O.S. § 18(7).

 

From the time a complete application is received by our office, it usually takes between 90 and 120 days for consideration by the Pardon and Parole Board.  Applications from person residing in a state other than Oklahoma usually take about 30 days longer.  The Board’s recommendation must be approved by the Governor for a pardon to be granted. The Governor is given 90 days to make a decision.

 

The effects of a Pardon listed below concern Oklahoma law (this is a partial list, if you have a specific question feel free to contact our office).  If you reside in another state, the effects may be different.

 

EMPLOYMENT

 

Many professions require licenses.  The licensing agency for each profession operates under different laws and policies.  Some agencies will not issue you a license even if you are pardoned, some will consider you only if you receive a pardon, and others do not require a pardon.

 

If you are considering applying for a pardon in order to obtain a particular type of employment or a license, you should first check with the employer or licensing agency to see if it would be helpful to do so.

 

Even if you receive a pardon, you must still answer “Yes” if asked if you have been convicted of a felony or misdemeanor on an employment application.  You can add however, that you have been pardoned.  A pardon does not remove the conviction from your record.

 


LIQUOR LICENSES

 

To be eligible for a liquor license, you must be pardoned on ALL felonies (Oklahoma, other states and Federal). You must also be pardoned on all alcohol-related District Court misdemeanor convictions from Oklahoma and any other state.  Your spouse, partner, partner’s spouse, employees, corporate officers, and directors cannot legally obtain a liquor license if you have not been pardoned.

 

VOTING AND JURY DUTY

 

If you receive a Pardon you will be allowed to register to vote.  However, without a pardon you cannot vote for a period equal to the length of your sentence. For example, if you were convicted and given a two-year sentence on January 1, 2000, you cannot vote until January 1, 2002.  For more information contact the State Election Board at (405) 521-2391.

 

To serve on a jury, you must be qualified to vote.

 

HOLDING PUBLIC OFFICE

 

If you have been convicted of any felony (or misdemeanor involving embezzlement), you cannot seek or hold any state, county or city office (including school board offices) for 15 years after the completion of your sentence unless you have received a pardon.  For more information contact the State Election Board at (405) 521-2391.  Your city or town may also have other regulations regarding eligibility to hold office.

 

PROPERTY RIGHTS

 

A felony conviction does not prevent your from owning property, with one exception.  A person convicted of Murder First Degree, Murder Second Degree, or Manslaughter First Degree cannot inherit property from the victim nor receive proceeds from the victim’s insurance.  A pardon will not change this.

 

FIREARMS

 

Any person that has been convicted of a nonviolent felony and who has received a full and complete pardon is eligible to possess a firearm, pursuant to 21 O.S. Supp. 2000, § 1283(B).  It is not possible for a person convicted of a violent felony to possess a firearm, even with a pardon (see 21 O.S. Supp. 2000, § 1283(A)).

 

There may be Federal laws that apply to you. For more information contact the Bureau of Alcohol, Tobacco, and Firearms, which is a division of the U.S. Department of the Treasury.


FUTURE FELONY CONVICTION

 

A pardon will not prevent prior convictions from being considered if you are later convicted of a felony.  Your previous record may be used in the sentencing process even if the offense has been pardoned.

 

WHY SHOULD I APPLY?

 

A pardon has little direct effect under Oklahoma law.  However, it can be useful in helping you to present yourself as a responsible citizen. A pardon serves as recognition that you have adjusted well to society since completing your sentence.

 

IN ORDER TO QUALIFY FOR CONSIDERATION YOU MUST MEET THE FOLLOWING CONDITIONS:

 

1.                 You have been convicted of a violation of Oklahoma law, either a felony or a misdemeanor.

2.                 No pending charges.

3.                 Not currently in jail or prison.

4.                 You must have discharged all sentences, successfully completed parole or a suspended sentence, OR completed five years under supervision on the current case(s).

5.                 You cannot have been considered or investigated for a pardon within the past six months.

 

For more information concerning pardons and the pardon process, contact:

 

General Counsel

Attn: Pardons

4040 N. Lincoln Blvd., Suite 219

Oklahoma City, Oklahoma  73105-5221

 

(405) 427-8601, extension 228

 

 

 

 

PPB   004-10A

                                                                                                                                                                         (8/97)

 

                                    APPLICATION FOR PARDON CONSIDERATION

                                                     (Please type or print the information below in ink)

 

 

NAME                                                  RACE             SEX             DATE OF BIRTH                   

              (As indicated on judgment and sentence)

 

DOC #                     

 

HOME ADDRESS                                                                                 PHONE  (       )                   

 

CITY                                                                       STATE                     ZIP CODE                       

 

EMPLOYER                                                                DATE OF EMPLOYMENT                          

 

WORK ADDRESS                                                                                            PHONE (       )

 

CITY                                                                       STATE                     ZIP CODE                       

 

DRIVER=S LICENSE #                                          STATE                     ZIP CODE                      

 

SOCIAL SECURITY # (optional)                                         

 

REASON FOR APPLYING                                                                                                               

 

A pardon must include all Oklahoma District Court felony and misdemeanor convictions, and all district court traffic convictions, which involved drugs or alcohol. List all convictions below. A CERTIFIED COPY OF THE JUDGMENT AND SENTENCE ON EACH CASE MUST BE ATTACHED TO YOUR APPLICATION. Certified copies can be obtained from the court clerk in the county in which you were convicted. SEE THE LAST PAGE OF THIS APPLICATION FOR OTHER NECESSARY DOCUMENTS AND INFORMATION.

 

CONVICTIONS  (Attach another sheet if more space is needed. Follow the format below)

 

 

County

 

Case Number

 

Crime

 

Sentence

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PLEASE PROVIDE A BRIEF DESCRIPTION OF THE ABOVE OFFENSE(S)

(Attach another sheet if more space is needed)

 

ADDRESSES FOR PAST FIVE YEARS:

(Attach another sheet if more space is needed. Follow the format below)

 

 

Street Address

 

City

 

State

 

Dates

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EMPLOYMENT FOR PAST FIVE YEARS:

(Attach another sheet if more space is needed. Follow the format below)

 

 

Employer

 

City

 

State

 

Dates

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LEVEL OF EDUCATION                                                                                                                  

 

COMMENTS                                                                                                                                      

 

   

 

 

 

                                            

 

 

I understand that the Oklahoma Department of Corrections or its designated agent will investigate this application. I agree to make myself available upon request for the purposes of the investigation. I agree to provide requested information concerning my personal affairs. I understand that a complete review of my criminal record will be included. I authorize the investigating officer to conduct all required investigations and to contact any person who may have knowledge of my activities and me. I understand that this request will be canceled if I do not cooperate. I also understand that a pardon will not remove convictions from my record.

 

This information is necessary to provide a complete picture of your character and stability. All requested items must be included or accounted for under COMMENTS for your application to be investigated. You may also submit letters of reference or other documents, which you believe, may help your application. You may want to obtain more than one copy of any document you submit in case your application is denied and you want to reapply.

 

 

Signature of Applicant

 

Date

 

_____________________________

 

 

 

THE FOLLOWING MUST BE SENT IN WITH YOUR APPLICATION:

 

1.      Application forms (this form.)

2.      Certified judgment and sentence on each conviction (obtainable from the court clerk in the county of conviction; the copies submitted MUST BEAR the county seal.)

3.      Current credit report (obtainable from credit bureau.)

4.      Proof of employment and income (current check stub or letter from employer; if you are not employed,        please note this under COMMENTS and explain.)

5.      Proof of residence (current receipt for rent or mortgage payment; if you are not making rent or mortgage payments, please note this under COMMENTS and explain.)

6.      Certified statement from the county court clerk that all fines, court costs, and restitution have been paid.       (Statement MUST BEAR the county seal.)

7.      Copies of documents on any marriages, divorces, or child custody actions in the past five years.

 

 

 

 

 

FORMS

 

The following form is a representative example of an order which might be acceptable to all parties concerned. Naturally, there can be many variations in the form and content of the orders which will need to be resolved by the parties with or without the involvement of the court.

 

IN THE DISTRICT COURT OF TULSA COUNTY

STATE OF OKLAHOMA

 

STATE OF OKLAHOMA,                           )

                                                                        )

                                    Plaintiff,                      )

                                                                        )

vs.                                                                   )           Case No.:

                                                                        )

(Insert Petitioner’s Name Here)                   )

                                                                        )

                                    Defendant.                  )

 

PETITION FOR EXPUNGEMENT OF RECORD

 

            Petitioner, (Insert Defendant’s Name), petitions this Court for an Order of Expungement of any and all records pursuant to Title 22 O.S. § 19 which allows “the sealing of all or any part of the record, except for basic identification information.

1.                  On or about (insert the date of arrest of defendant), Petitionerl was arrested by (insert the names of the arresting agency, e.g. Tulsa Police Department) and charged with the following crime(s):  (inserted a description of each count of the indictment or information, e.g. assault with a dangerous weapon).

2.                  On (insert date, e.g. September 22, 1998), (insert a description of what happened to the charges, e.g. the state dismissed the charges, the defendant was given a deferred sentence by the District Court, etc.

3.                  According to 22 O.S. § 18, a defendant is entitled to have the records expunged under the circumstances described above.

4.                  Therefore, Petitioner is entitled to have any record of the charges made expunged so that Petitioner need not mention them as part of Petitioner’s criminal record and may truthfully say “no such action has ever occurred” in accordance with 22 O.S. § 19.

Wherefore, Petitioner requests that the Court Clerk for (insert county name) County, the (insert the name of the law enforcement agency which made the arrest and charge), the (insert the name of the county) County Sheriff’s Office, and the Oklahoma State Bureau of Investigation expunge the criminal and arrest files relating to Petitioner as follows: (describe the crimes that Petitioner was charged with which Petitioner is seeking the expungement), with notice to all interested parties including the District Attorney.

                                                            Respectfully submitted,

 

                                                            ____________________________

                                                            (insert name, address and telephone     

                                                            number of attorney or petitioner if

                                                            filing without an attorney)

 

CERTIFICATE OF SERVICE

 

            I hereby certify that on the ________ day of ____________________, 200___,

I caused a true and correct copy of this document to be delivered via U.S. First Class Mail, with proper postage fully pre-paid thereon, to the following:

 

Oklahoma State Bureau of Investigation

Attn:  Legal Department

6600 North Haney

Oklahoma City, OK 73116-7912

 

(Add the name and address to the District Attorney and all law enforcement agencies that have records that need to be expunged.)

 

 

 

                                                                                    ______________________________

(Insert the name of the person mailing the document.)

 

 

 

 

 

 


IN THE DISTRICT COURT OF TULSA COUNTY

STATE OF OKLAHOMA

 

STATE OF OKLAHOMA,                           )

                                                                        )

                                    Plaintiff,                      )

                                                                        )

vs.                                                                   )           Case No.:

                                                                        )

(Insert Petitioner’s Name Here)                   )

                                                                        )

                                    Defendant.                  )

 

ORDER FOR HEARING ON PETITION FOR EXPUNGMENT OF RECORDS

 

            Now on this __________ day of ___________________________, 200______,  it is hereby ordered that Petitioner’s Petition for Expungement of Records is set for hearing at least 30 days from the date of filing pursuant to 22 O.S. § 19, on the ____________ day of _______________________, 200______, at ____________ o’clock, ____ .m. in court room ______________.

 

                                                                        ___________________________________

                                                                        JUDGE OF THE DISTRICT COURT


 

 

 

IN THE DISTRICT COURT OF TULSA COUNTY

STATE OF OKLAHOMA

 

STATE OF OKLAHOMA,                           )

                                                                        )

                                    Plaintiff,                      )

                                                                        )

vs.                                                                   )           Case No.:

                                                                        )

(Insert Petitioner’s Name Here)                   )

                                                                        )

                                    Defendant.                  )

 

ORDER EXPUNGING AND SEALING CRIMINAL RECORDS

 

            Now on this ____________ day of ____________________________, 200____, this action comes before this Court on Petitioner’s Petition for Expungement of Records.  The Court, after having received briefs and having conducted a hearing, finds that Petitioner’s Petition for relief pursuant to 22 O.S. §§ 18 and 19, and that the criminal records of the Petitioner should be expunged and sealed with regard to the public records and public access to the records relating to the charges filed in this cause.

            IT IS THEREFORE ORDERED by this Court that Petitioner’s Petition for Expungement is granted with regard to the sealing and expunging thereof from all souces, including, but not limited to public access databases, public logs or other record keeping mechanisms which are accessible to the public. This order shall not apply to the internal records of the Oklahoma State Bureau of Investigation, the internal records of the Tulsa District Attorney’s Office, the Internal records of the (insert name of the arresting law enforcement agency), or the internal records of the (insert county name) County Sheriff’s Office.

            IT IS FURTHER ORDERED by the Court that this order shall become effective immediately upon filing with the (insert county name) Court Clerk and all city, state and county agency’s given notice of these proceedings in accordance with Title 22 are hereby ordered and directed to seal the criminal records of Petitioner with regard to any information presently available to the public concerning any aspect of the cause upon receipt of a certified copy of this Order.

 

                                                                        __________________________________

                                                                        JUDGE OF THE DISTRICT COURT

 

Approved at to form and content

 

______________________________

Name of Petitioner or Attorney

Address of Petitioner or Attorney

Telephone Number

 

 

______________________________

Name of OSBI Attorney

6600 North Haney

Oklahoma City, OK 73116-7912

405-

 

______________________________

Name of Assistant District Attorney Representing DA, Court Clerk and Sheriff

Address

Telephone Number

 

______________________________

Name of Attorney Representing any City Police Department

Address

Telephone Number

If there is no objection to the relief sought by the Petitioner, the district attorney will file something like this document.  If there is an objection, the reason for the objection will be stated in the pleading.

 

IN THE DISTRICT COURT FOR TULSA COUNTY

            STATE OF OKLAHOMA

 

THE STATE OF OKLAHOMA,                        )

Plaintiff,                                                    )

                                                                              )

v.                                                                           )     Case No.

                                                                              )    

Defendant’s Names                                            )                            

                                                                              )    

Defendant.                                               )

 

 

                       COUNTY DISTRICT ATTORNEY'S ENTRY OF APPEARANCE,

COUNTY SHERIFF’S ENTRY OF APPEARANCE,

               AND RESPONSES TO DEFENDANT’S MOTION FOR EXPUNGEMENT

(Insert County Name) County District Attorney (Insert Name) and County Sheriff (Insert Name), by and through their attorney of record (Insert Name), Assistant District Attorney, hereby enter their appearances and respond to the MOTION FOR EXPUNGEMENT entered in the above styled cases by lodging no objection nor lending support to the expungement in accordance with 22 O.S. §§ 18 and 19.

The (Insert Name) County Sheriff will expunge his records regarding the above matter upon receiving a certified copy of a court order authorizing expunction.

Respectfully submitted,

(INSERT NAME)

DISTRICT ATTORNEY

 

(INSERT NAME)

(INSERT NAME) COUNTY SHERIFF

 

By:       _________________________

(Insert Name) OBA #

Assistant District Attorney

Insert Address and Telephone No.

                                                                                   

CERTIFICATE OF MAILING

 

 

 

I hereby certify that on the ______ day of ___________________, 20____, I mailed a true, correct, and exact copy of the above and foregoing to:

 

Insert name and address

Attorney for Petitioner

 

 

Insert Name

Oklahoma State Bureau of Investigation

6600 N. Harvey, Ste. 300

Oklahoma City, OK  73116

 

 

Insert Name and address of attorney representing arresting agency.

 

 

 

_________________________________

                                                                        Insert Name of Person Mailing Document

 

 Home | Cases in the News | Legal Information| Commonly Asked Questions
Ask me a Question | Links | About Kevin Adams | Contact Information

Tulsa Criminal Defense Lawyer: Kevin D. Adams

Disclaimer: Kevin D. Adams only provides legal advice after having entered into an attorney client relationship, which this website specifically does not create. Only after having entered into a representation agreement with Kevin D. Adams will an attorney-client relationship have been created. It is imperative that any action taken by you should be done on advice of legal counsel.* Because every case is different, the descriptions of outcomes and cases previously handled are not meant to be a guarantee of success.

Copyright ©2007 Kevin D. Adams

Legal Information brought to you by Tulsa, Oklahoma Criminal Defense Lawyer Kevin Adams

 

 
  Photograph of desk and legal papers