How long you wait to clear a record in Oklahoma
How long you wait in Oklahoma for each kind of case, and what the waiting period is counted from.
Checked against official sources: October 25, 2026.
Short answer
In Oklahoma you wait a set time before you can ask. The time depends on the case.
- Main remedy
- Section 18 expungement – non-conviction records (22 O.S. § 18(A)(1)-(3), (5), (7), (14))
- Waiting periods
- Acquitted, reversed on appeal, or DNA exoneration: No waiting period, counted from the acquittal, reversal or exoneration
Arrested, no charges filed: You can petition once the prosecutor declines to file charges or the time limit to file has passed, counted from the prosecutor declining to file, or the statute of limitations running out
All charges dismissed (not after a deferred sentence): You can petition once the charges cannot or will not be refiled, if you have never been convicted of a felony and have no pending charges, counted from the statute of limitations running out, or the prosecutor confirming the charges will not be refiled
Oklahoma waiting period helper
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
Waiting periods: Section 18 expungement – non-conviction records (22 O.S. § 18(A)(1)-(3), (5), (7), (14))
Acquittals; convictions reversed on appeal and dismissed; DNA exonerations; arrests with no charges filed; dismissed charges (not after a deferred sentence); identity-theft arrests
| Kind of case | Waiting period | Counted from |
|---|---|---|
Acquitted, reversed on appeal, or DNA exoneration | No waiting period You can petition right away. | The acquittal, reversal or exoneration |
Arrested, no charges filed | See the rule You can petition once the prosecutor declines to file charges or the time limit to file has passed. | The prosecutor declining to file, or the statute of limitations running out |
All charges dismissed (not after a deferred sentence) | See the rule You can petition once the charges cannot or will not be refiled, if you have never been convicted of a felony and have no pending charges. | The statute of limitations running out, or the prosecutor confirming the charges will not be refiled |
- Not eligible
- Dismissal category requires that you have never been convicted of a felony and have no pending charges; it does not cover charges dismissed after a deferred judgment or delayed sentence (see the deferred categories).
Law: 22 O.S. §§ 18, 19 (as amended through Laws 2024, c. 259 and c. 452, and Laws 2025, c. 292)
Source: Official text
Waiting periods: Section 18 expungement – deferred sentences and convictions (22 O.S. § 18(A)(8)-(13), (15))
Misdemeanor and felony charges dismissed after a deferred judgment or delayed sentence; misdemeanor convictions; nonviolent felony convictions; up to two felony convictions; felonies later reclassified as misdemeanors
| Kind of case | Waiting period | Counted from |
|---|---|---|
Misdemeanor dismissed after deferred sentence | 1 year You can petition 1 year after the charge was dismissed, if you have no felony conviction and no pending charges. | The dismissal |
Nonviolent felony dismissed after deferred sentence | 5 years You can petition 5 years after the charge was dismissed, if you have never been convicted of a felony and have no pending charges. | The dismissal |
Up to two felony charges dismissed after deferred sentences | 10 years You can petition 10 years after the charges were dismissed, if neither felony is a listed violent offense or a registrable sex offense and you have no pending charges. | The dismissal |
Misdemeanor conviction, fine under $501 only | No waiting period You can petition once the fine is paid, if you have no felony conviction and no pending charges. | Paying the fine |
Misdemeanor conviction with jail, suspended sentence or fine over $500 | 5 years You can petition 5 years after your last misdemeanor sentence ended, if you have no felony conviction and no pending charges. | The end of your last misdemeanor sentence |
One nonviolent felony conviction | 5 years You can petition 5 years after finishing the sentence, if you have no other felony and no separate misdemeanor conviction in the last 7 years. | Completing the felony sentence |
Up to two felony convictions | 10 years You can petition 10 years after finishing the sentence, if neither felony is a listed violent offense or a registrable sex offense. | Completing the felony sentence |
Felony later reclassified as a misdemeanor | See the rule You can petition 30 days after finishing the sentence, once restitution is paid and any ordered treatment is completed. | Completing or commutation of the sentence (at least 30 days) |
- Not eligible
- The nonviolent felony categories exclude violent offenses listed in 57 O.S. § 571. The two-felony categories (convictions and deferred dismissals) exclude offenses listed in 21 O.S. § 13.1 and offenses requiring sex offender registration. Pending charges make you ineligible.
- Limits
- Two-felony categories: no more than two felonies. Offenses from the same transaction count as one conviction. An offense that has already been expunged does not count as a prior offense when deciding whether another offense qualifies.
Law: 22 O.S. §§ 18(A)(8)-(13), (15), 19; 22 O.S. § 18 as amended by SB 2038 (Laws 2024, c. 452, § 12)
Source: Official text
Waiting periods: Section 991c expungement after a deferred sentence (22 O.S. § 991c)
Cases where you received a deferred sentence and completed it
| Kind of case | Waiting period | Counted from |
|---|---|---|
Completed deferred sentence | No waiting period When you complete the deferred sentence and pay all fines, fees and assessments, the court discharges you without a judgment of guilt, dismisses the charge with prejudice and expunges the plea from the public record. | Completion of the deferred sentence |
- Limits
- This does not remove the arrest record; a Section 18 expungement is needed for that. The records stay available to law enforcement and can prove a prior deferred judgment in a later case.
Law: 22 O.S. § 991c(C)-(D)
Source: Official text
Records Oklahoma clears on its own
Arrest records in which every charge is 'clean slate eligible' are to be sealed automatically, without a petition. Eligible: acquittals, reversals, DNA exonerations, full pardons (adult or juvenile), arrests with no charges filed, identity-theft cases and felonies reclassified as misdemeanors; and, only if your record is an Oklahoma-only ('single-source') record, dismissals where the prosecutor declined to file, misdemeanor deferred-sentence dismissals after 1 year, and misdemeanor convictions (fine-only, or 5 years after the sentence). Each month OSBI is to identify eligible records and send lists to prosecutors and arresting agencies, which have 45 days to object (for example over unpaid restitution); a court then signs the orders. Felony convictions and felony deferred-sentence dismissals are never automatic. If your record has not been sealed automatically, you can still file a petition.
Law effective November 1, 2022; automatic sealing could begin November 1, 2025, subject to funding. OSBI says it is implementing Clean Slate in phases with no fixed deadline.
Law: 22 O.S. §§ 18(B)-(C), 19(B)-(D) (as amended by SB 1770, Laws 2024, c. 259)
In nearby states
- Kansas: Arrest, dismissal or acquittal: No waiting period, counted from the arrest or end of the case
- Arkansas: Most misdemeanors and violations: No waiting period, counted from completion of sentence, including restitution, court costs and any driver's license reinstatement fees
- Texas: Class C misdemeanor arrest, no charge filed: If no charge was filed, you can ask after at least 180 days from the arrest, counted from date of arrest (180 days)
Steps after the wait in Oklahoma
Find your dates
Use the dates on your court papers, not your memory.
Read the full rule
The wait is only one rule; the court looks at the whole record.
Prepare your petition
When the waiting period has passed, you can prepare your request. How to file.
Get help
Ask for free help: Legal Aid Services of Oklahoma.
Where to get free help in Oklahoma
Questions about waiting periods in Oklahoma
Which records can be cleared in Oklahoma?
Section 18 expungement – non-conviction records: Acquittals; convictions reversed on appeal and dismissed; DNA exonerations; arrests with no charges filed; dismissed charges (not after a deferred sentence); identity-theft arrests. Section 18 expungement – deferred sentences and convictions: Misdemeanor and felony charges dismissed after a deferred judgment or delayed sentence; misdemeanor convictions; nonviolent felony convictions; up to two felony convictions; felonies later reclassified as misdemeanors. Section 991c expungement after a deferred sentence: Cases where you received a deferred sentence and completed it.
How long do I have to wait in Oklahoma?
Acquitted, reversed on appeal, or DNA exoneration: No waiting period, counted from the acquittal, reversal or exoneration; Arrested, no charges filed: You can petition once the prosecutor declines to file charges or the time limit to file has passed, counted from the prosecutor declining to file, or the statute of limitations running out; All charges dismissed (not after a deferred sentence): You can petition once the charges cannot or will not be refiled, if you have never been convicted of a felony and have no pending charges, counted from the statute of limitations running out, or the prosecutor confirming the charges will not be refiled; Misdemeanor dismissed after deferred sentence: 1 year, counted from the dismissal.
Is there a Clean Slate law in Oklahoma?
Arrest records in which every charge is 'clean slate eligible' are to be sealed automatically, without a petition. Eligible: acquittals, reversals, DNA exonerations, full pardons (adult or juvenile), arrests with no charges filed, identity-theft cases and felonies reclassified as misdemeanors; and, only if your record is an Oklahoma-only ('single-source') record, dismissals where the prosecutor declined to file, misdemeanor deferred-sentence dismissals after 1 year, and misdemeanor convictions (fine-only, or 5 years after the sentence). Each month OSBI is to identify eligible records and send lists to prosecutors and arresting agencies, which have 45 days to object (for example over unpaid restitution); a court then signs the orders. Felony convictions and felony deferred-sentence dismissals are never automatic. If your record has not been sealed automatically, you can still file a petition.