Oklahoma residents with past marijuana convictions may now have a path to clear their criminal records. Thanks to recent legal reforms, including provisions under State Question 820, individuals convicted of certain marijuana-related offenses may qualify for expungement, resentencing, or dismissal. If you or someone you know has a marijuana conviction in Oklahoma, understanding your options is the first step toward a clean slate.
The experienced attorneys at Brune Law Firm can help you seek expungement of your past marijuana convictions. Schedule a meeting to learn more about how we can assist you.
What Is Expungement?
Expungement is a legal process that removes a criminal record from public view. Once a conviction is expunged, it no longer appears in background checks conducted by employers, landlords, or licensing agencies. In Oklahoma, expungement can apply to arrests, charges, and convictions, depending on the circumstances.
Marijuana Convictions and State Question 820
State Question 820, a voter initiative aimed at legalizing recreational marijuana, also includes provisions for retroactive relief. Under this law:
- Individuals currently serving sentences for marijuana-related offenses may petition for resentencing or dismissal
- Those who have completed their sentences may apply for expungement
- Relief is available if the offense would have been legal, or a lesser offense, under the new law
For example, if you were convicted of simple possession that would now be legal under State Question 820, you may qualify for expungement or reversal of your conviction.
Eligible Offenses
Marijuana-related convictions that may qualify for expungement include:
- Simple possession of marijuana
- Possession of marijuana paraphernalia
- Possession without intent to distribute
- Certain misdemeanor marijuana offenses
Felony convictions involving marijuana may also be eligible if the offense would now be considered a misdemeanor or legal under current law. However, offenses involving distribution, trafficking, or other aggravating factors may not qualify.
Each case is evaluated individually, and eligibility depends on the nature of the offense, the sentence imposed, and whether the conviction would be considered legal today.
How to Apply for Expungement
To begin the expungement process in Oklahoma:
- Review Your Conviction: Determine whether your offense qualifies under State Question 820 or existing expungement statutes.
- Gather Documentation: Obtain court records, sentencing details, and any relevant legal documents.
- File a Petition: Submit a formal request to the district court where the conviction occurred.
- Attend a Hearing: The court may schedule a hearing to review your petition and determine eligibility.
- Receive a Ruling: If approved, the court will issue an order to expunge or modify your record.
You should work with an attorney to help you navigate this process. It can be complicated, and technical errors in your filings could mean a denial of your expungement, when you might otherwise have been successful.
What Happens After Expungement?
Once your record is expunged:
- The conviction is removed from public databases
- You are legally allowed to state that you have not been convicted of the expunged offense
- Employers and background check agencies will not see the expunged record
However, law enforcement and certain government agencies may still access sealed records under specific circumstances.
Limitations and Considerations
While expungement offers significant benefits, it is important to note:
- Not all marijuana convictions qualify
- Expungement does not restore firearm rights unless specifically ordered
- Outstanding fines or court costs may need to be resolved before filing
Additionally, the Oklahoma State Bureau of Investigation (OSBI) may object to your petition if it does not meet statutory requirements.
Reach Out to an Oklahoma Marijuana Conviction Expungement Lawyer Today
Oklahoma’s evolving marijuana laws offer new hope for individuals seeking to move forward without the burden of a criminal record. Whether you are currently serving a sentence or have completed one, expungement may be within reach. Take the time to understand your rights, explore your options, and pursue the legal relief you deserve.
Let the experienced lawyers at Brune Law Firm assist you with your cannabis-related legal needs. Contact us today for a consultation.