Oklahoma Expungement: Section 991c, Section 18, and 2022 Clean Slate
Oklahoma has three expungement pathways: deferred sentences (991c), full expungement (Section 18/19), and automatic Clean Slate. Here is who qualifies.
Oklahoma has three separate expungement pathways, and understanding which one applies to you is the most important first step. Section 991c handles deferred sentences — it strikes your name from court records after you complete probation. Section 18 is a full expungement that removes both court records and OSBI arrest records. And the 2022 Clean Slate law (HB 3316) will eventually automate expungement for eligible misdemeanors and non-conviction records. Each pathway has different rules, different effects, and different costs.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
Section 991c — deferred sentence expungement
This is the most common starting point for Oklahoma expungement. If you received a deferred sentence — meaning the court deferred entering a judgment of guilt and placed you on probation — and you successfully completed all the terms of your probation, the case was dismissed. Under Section 991c, you can then ask the court to expunge the record of that deferred sentence.
A Section 991c expungement strikes your name from the court records and updates them to show the case was dismissed. This is meaningful — court records are what most employers and landlords search. However, there is an important limitation: Section 991c does not affect your OSBI arrest record. The arrest still shows up if someone runs an OSBI background check. To remove the arrest record from OSBI, you need a separate Section 18 expungement.
Section 18 — full expungement
Section 18 is the broader and more powerful form of Oklahoma expungement. It removes the record from both the court system and the OSBI database. After a Section 18 expungement, the arrest and case should not appear on any Oklahoma state background check.
Section 18 has stricter eligibility requirements than Section 991c. For conviction expungement, you generally need either a pardon from the Governor, a reversal on appeal, or you must meet specific waiting period and criminal history requirements. For non-conviction records (dismissals, acquittals, no charges filed), Section 18 is available without a pardon.
The 2022 Clean Slate law — automatic expungement
In 2022, Governor Stitt signed HB 3316, creating Oklahoma's Clean Slate law. This law establishes an automatic expungement process for eligible misdemeanor convictions and non-conviction records. Under the law, eligible records will be automatically expunged without the person having to file a petition or pay a fee.
The automatic process is scheduled to begin in November 2025 — three years after HB 3316's effective date. If you have an eligible misdemeanor and do not want to wait for the automated system, you can still file a petition under the traditional Section 18 process now.
Who qualifies — and who does not
May qualify
- Completed deferred sentences — Section 991c (court records only)
- Dismissed charges, acquittals, no charges filed — Section 18 (immediate)
- Non-violent misdemeanor convictions — Section 18 (after 5 years, no felony history)
- Misdemeanor convictions eligible for automatic expungement (starting ~November 2025)
- Felony convictions with a Governor's pardon — Section 18
- Convictions reversed on appeal — Section 18
- Arrests due to identity theft — immediate
- Certain marijuana possession offenses after decriminalization
Generally does not qualify
- Violent felony convictions without a pardon
- Sex offenses requiring registration
- Offenses against minors
- Felony convictions without a pardon or reversal (in most cases)
- Anyone with pending charges
- Anyone who has not completed all sentence conditions
- DUI convictions (limited eligibility)
Section 991c and Section 18 are not mutually exclusive — you may need both to fully clear your record. Section 991c handles the court record; Section 18 handles the OSBI arrest record. For complete clearing, both filings may be necessary.
Waiting periods
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Deferred sentence completed (Section 991c)
Clock starts: Date the deferred sentence is completed and case dismissed
The court record is updated to show the case was dismissed. Your name is struck from the court records. However, the OSBI arrest record remains unless you also file a Section 18 expungement.
Non-violent misdemeanor conviction (Section 18)
Clock starts: Date sentence completed (probation, fines, everything)
No felony charges or pending charges during the waiting period. Must not have a prior felony conviction.
Non-violent felony conviction (Section 18)
Clock starts: Date sentence completed
Requires a full pardon from the Governor, or the conviction must have been reversed on appeal. Without a pardon, most felony convictions cannot be expunged under Section 18.
Acquittal, dismissal, or no charges filed
Clock starts: Date of final disposition
No waiting period. File in the county where the arrest occurred.
Victim of identity theft (false arrest)
Clock starts: Upon proof of identity theft
Separate pathway for people arrested due to identity theft.
Automatic expungement (2022 Clean Slate, HB 3316)
Clock starts: Process begins November 2025 (3 years after HB 3316 effective date)
Eligible misdemeanors and non-conviction records will be automatically expunged. No petition or fee required.
How to file for expungement in Oklahoma
The Oklahoma expungement process
- 1
Get your OSBI criminal history
1-2 weeks$15Request your official criminal history from the Oklahoma State Bureau of Investigation (OSBI). This is the official state record and shows every Oklahoma arrest, charge, and conviction.
Order online at osbi.ok.gov. The OSBI report is the record you need — third-party background check sites may not be accurate.
- 2
Determine which pathway applies
1-2 hoursFreeOklahoma has three main expungement pathways: Section 991c (deferred sentences), Section 18 (full expungement of arrest and court records), and Section 19 (partial expungement that protects from disclosure). Each has different eligibility rules and different effects. Know which one you need before you start.
If you completed a deferred sentence, start with Section 991c — it is the simplest pathway. If you want the arrest record removed from OSBI too, you will also need a Section 18 filing.
- 3
File the petition
1 day$150 filing fee for Section 18/19; typically no fee for Section 991cFor Section 991c, file a motion in the original criminal case asking the court to expunge the record of your deferred sentence. For Section 18/19, file a separate civil petition in the district court in the county where the arrest occurred. Include your case number, the offense, and the statutory basis.
Section 991c is filed in the criminal case. Section 18/19 is a new civil case — they are separate filings even if they relate to the same incident.
- 4
Serve the DA and OSBI
30 daysService fees varyFor Section 18/19 petitions, you must serve a copy on the District Attorney and OSBI. The DA has the opportunity to object. If no objection is filed within the response period, the court may grant the petition without a hearing.
- 5
Attend the hearing (if scheduled)
15-30 minutesFree (attorney fees vary if you hire one)The court may schedule a hearing, especially for Section 18/19 petitions. At the hearing, the judge reviews your eligibility and any objections. Come prepared with documentation of your rehabilitation and completion of all sentence conditions.
Many Section 991c motions are granted without a hearing if the court records confirm completion. Section 18/19 hearings are more common.
- 6
Court issues the expungement order
30-90 days for records to updateFreeIf granted, the court orders the relevant agencies to expunge or seal the record. For Section 991c, the court record shows the case was dismissed and your name is struck. For Section 18, OSBI is ordered to remove the arrest record from their database.
Section 991c only affects court records — the OSBI arrest record remains. Section 18 removes both. If you want the arrest off your OSBI record, you may need both filings.
Fees
Section 991c expungements typically have no filing fee — the motion is filed in the existing criminal case. Section 18/19 expungements require filing a new civil petition, with a filing fee of approximately $150 depending on the county.
The automatic Clean Slate process (when operational) will have no fee. If you cannot afford the Section 18 filing fee, ask the court clerk about a fee waiver or contact Oklahoma Indian Legal Services or Legal Aid Services of Oklahoma.
- Section 991c only affects court records — your OSBI arrest record remains visible
- Section 18 removes both court records and the OSBI arrest record
- Many people need BOTH filings to fully clear their record
- Section 991c is filed in the criminal case — no new filing fee
- Section 18 is a new civil case — requires a separate filing and fee
- Employers who run OSBI background checks will still see the arrest after a 991c-only expungement
- For complete clearing, file Section 991c first, then Section 18
This is the most common source of confusion in Oklahoma expungement. Many people file a Section 991c and assume they are done, only to discover the arrest still shows up on background checks. If you want the arrest off your OSBI record too, you need the Section 18.
Free legal help in Oklahoma
- Legal Aid Services of Oklahoma — free civil legal help statewide: legalaidok.org or 1-888-534-5243
- Oklahoma Indian Legal Services — free legal help for Native Americans in Oklahoma: oilsinc.org
- Oklahoma Bar Association Lawyer Referral Service: okbar.org — reduced-fee consultations
- Oklahoma courts self-help: oscn.net — case lookups, forms, and filing information
- OSBI background check: osbi.ok.gov — request your criminal history before filing
- Tulsa County Bar Association Lawyer Referral Service — tulsa area consultations
Legal Aid Services of Oklahoma has specific programs for expungement assistance. Contact them to see if you may be eligible for free representation.
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