You can expunge a protective order in Oklahoma but the circumstances are important. An expungement and sealing of records is most often used in association with criminal records. The process involves the legal process of sealing a record so that its no longer a public record. As far as protective orders people can be haunted by a filing that may be part of a divorce or child custody case. The protective order may have been filed frivolously or with little to do with anything related to personal safety.
Expunging a Dismissed Protective Order in Oklahoma:
- Eligibility: To be eligible to expungement a protective order in Oklahoma that has been dismissed, you typically need to meet specific requirements. Those include the type of orders of protection, the reasons for the dismissal, and the time that has passed since the dismissal.
- Types of Protective Orders: The specific type of protective order matters. In Oklahoma, there are various types of protective orders, such as Emergency Protective Orders, Victim Protective Orders, and Domestic Abuse Protective Orders. The eligibility and expungement requirements may vary depending on the type of order.
- The Reason for Dismissal: The reason for the dismissal of the protective order can impact your eligibility for expungement. If the order was dismissed because it was found to be without merit or due to a lack of evidence, you may have a stronger case for expungement. However, if the order was dismissed because the court found it unnecessary for other reasons, it may affect your eligibility.
- Waiting Period: In some cases, you may need to wait a specific period after the dismissal of the protective order before applying for expungement. The waiting period can vary.
- Petition for Expungement: To pursue an expungement, you typically need to file a petition with the court requesting the expungement of the protective order. It’s advisable to consult with an attorney experienced in Oklahoma expungement law to help you with the process.
- Notice to Relevant Parties: Depending on the circumstances, you may need to provide notice to the parties involved, such as the petitioner who obtained the protective order.
- Court Decision: The court will review your expungement petition and determine whether you meet the eligibility criteria. If approved, the court will order the expungement of the protective order.
Expunging an Expired Protective Order in Oklahoma
This is much more difficult but is still possible. The petitioner in the original protective order must first file amotion to vacate the case. To do this the Judge requires a hearing. Another possibility to dismiss an expired protective order is where the original petitioner has died. In this case it goes without saying that they wont file an objection to the expungement. Once more this requires a hearing in font of the Judge.
Reasons To Expunge VPO Orders
In some cases a protection order, either dismissed or expired, on your record is viewed more negatively than some misdemeanor cases. It doesnt matter if its part of a divorce or whatever the case might be. This applies to both potential employers or even future family members. As far as employers are concerned its simple to find the record. An easy search of OSCN produces the record. Even if the order of protection is dismissed without a hearing employers might consider it as a mark against you.
Protective Order Expungement Attorneys in Okla.
You can expunge a protective order and clean your record up. Once its done its as if it never happened. A protection order doesn’t have to hold you back. It doesn’t have to shed a false light on your otherwise peaceable nature. The family lawyers at Tulsa Divorce attorneys and Associates are here to make sure the record gets sealed and its done fast. In Oklahoma Call today 539.302.0303 or click here to ask a Free family law question on line.