CALL NOW FOR A CONSULTATION 405-360-8036

Post-Conviction Matters

Our criminal defense attorneys at Worden & Carbitcher handle many post-conviction matters including withdrawing a plea, public record expungements, arrest record updates, sentence modification, and post-conviction relief. Being burdened by a misdemeanor or nonviolent felony, after you've fulfilled the terms of your sentence, can greatly affect all aspects of life. At Worden & Carbitcher, we believe you deserve to move on from your mistakes with a fresh start. 

 

What are my options after a conviction? 

 

Expungement

The state of Oklahoma offers opportunities to have your criminal charges removed from your record. This can affect many areas of your life - improve your financial situation through the ability to obtain jobs, pass background checks, qualify for housing, and some assistance programs. 
 
Whether or not you qualify for expungement will be based on several factors, but keep in mind that a large percentage of people who do qualify for expungements never take advantage of the opportunity. The first step is speaking with an experienced expungement attorney who will evaluate your case and help determine whether you may qualify. Our attorneys at Worden & Carbitcher have a 100% expungement success rate. 
 

Deferred sentence (22 OS 991c) 

A 991c expungement occurs after a “deferred sentence.” This is not the same as a “suspended sentence.” A suspended sentence results in a criminal conviction. 
 
With a deferred sentence, a judge will defer sentencing/ judgment to the end of the probation period.  If you violate the probation period, you face the the minimum -maximum penalty of the crime without credit for the probationary time. However, if you do comply with your probation period requirements, at the end of your probation, the judge with withdraw his/her finding of guilt and your case will be "dismissed by operation of law".  Generally, you will need to do the 991c expungement yourself and your OSBI background check will remain the same unless you also update your record. 

If you receive a deferred sentence, you may be eligible for a 991c expungement. This expungement will seal your court record from public viewing, removing it from the Oklahoma State Court Network (OSCN) and closing the County Court Clerk's file. 


Section 18/19 Expungements (OSBI arrest record expungement) 

More difficult to obtain than a 991c deferred sentence expungement, which removes the defendant's case from public record, a section 18/19 expungement seals your file with OSBI, the arresting agency, the detention center, the court clerk and OSCN. To qualify for a section 18 expungement, you must qualify under the Oklahoma statutes.

The most common expungements are:

"The person was charged with one or more misdemeanor or felony crimes, all charges have been dismissed, the person has never been convicted of a felony, no misdemeanor or felony charges are pending against the person and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled; provided, however, this category shall not apply to charges that have been dismissed following the completion of a deferred judgment or delayed sentence;"

and

"The person was charged with a nonviolent felony offense not listed in Section 571 of Title 57 of the Oklahoma Statutes, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, the person has never been convicted of a felony, no misdemeanor or felony charges are pending against the person and at least five (5) years have passed since the charge was dismissed;"

 
Tile 22. 22 OS 1080: The post-conviction relief act gives citizens the right to challenge a conviction or sentencing under certain standards and circumstances. 
 
This act exists to protect you in the event that: 
 
  • The conviction or sentence violated the United State Constitution 
  • The court lacked the jurisdiction to impose the conviction or sentence 
  • The sentence exceeds the law's maximum 
  • New facts or evidence have emerged that were not previously heard/stated and need to be examined in the interest of justice
  • An offender's sentence has expired, or a suspended sentence, probation, or release was unlawfully revoked
  • During the conviction or sentencing, an error occurred that would render it unlawful


22 OS 982a addresses sentence modification.  

"Any time within sixty (60) months after the initial sentence is imposed or within sixty (60) months after probation has been revoked, the court imposing sentence or revocation of probation may modify such sentence or revocation by directing that another sentence be imposed, if the court is satisfied that the best interests of the public will not be jeopardized; provided, however, the court shall not impose a deferred sentence. Any application for sentence modification that is filed and ruled upon beyond twelve (12) months of the initial sentence being imposed must be approved by the district attorney who shall provide written notice to any victims in the case which is being considered for modification.
It also states that a petition for a sentence modification that is filed beyond twelve (12) months of the initial sentence must be approved by the DA, who then must provide written notice to any victims in the case which is being considered for modification."
 
 

Appeal of plea

The plea paperwork filled out when you entered your plea lays out the out the framework for your appeal process. See below.

"NOTICE OF RIGHT TO APPEAL"
Sentence to Incarceration, Suspended or Deferred:

To appeal from this conviction, or order deferring sentence, on your plea of guilty, you must file in the District Court Clerk's Office a written Application to Withdraw your Plea of Guilty within ten (10) days from today's date. You must set forth in detail why you are requesting to withdraw your plea. The trial court must hold a hearing and rule upon your Application within thirty (30) days from the date it is filed. If the trial court denies your Application, you have the right to ask the Court of Criminal Appeals to review the District Court's denial by filing a Petition for Writ of Certiorari within ninety (90) days from the date of the denial. Within ten (10) days from the date the application to withdraw a plea of guilty is denied, a notice of intent to appeal and designation of record must be filed pursuant to Oklahoma Court of Criminal Appeals Rule 4.2(D). If you are indigent, you have the right to be represented on appeal by a court-appointed attorney.

 |
These motions aren't granted lightly - you need a good reason to withdraw a plea. Some examples would be: 
 
  • The defendant didn't understand the consequences of the plea
  • The defendant did not have representation
  • The defendant feels as if he/she was represented by an incompetent attorney
  • The defendant was coerced into a plea 
  • A language barrier created confusion or prejudice 


This is why securing the representation of a skilled and experienced legal professional is absolutely the best course of action when filing an appeal of plea. Navigating the legal language, forms, documentation, filings, and deadlines can be a massive undertaking. Let us do the work for you and help you obtain your best outcome. 

How we can help

Our team at Worden & Carbitcher is prepared to assist you in any and all post-conviction matters. While eligibility is a factor, having a skilled attorney with decades of experience can make all the difference. Call our office at 405-360-8036 to schedule a consultation with one of our defense attorneys.

Awards

Worden & Carbitcher
115 E Gray Street
Norman, OK 73069
405-360-8036

Menu