Over the last decade, Oklahoma lawmakers and voters have taken historic, bipartisan steps toward reducing the state’s swollen penal system of prisons, jails, and supervision.
Thanks to important changes to the law and the support of voters, people today in Oklahoma have a second chance to get their lives back:
- It’s easier to get a pardon and leave your past behind.
- It’s easier to expunge your criminal record from public view.
- It’s easier to get your sentence reduced with a commutation.
This push for reform started after some Oklahoma state leaders realized the justice system’s staggering costs were devouring the budget. The state took early steps to confront it in 2012 by changing the parole process for nonviolent offenders.
But the real shift occurred in 2016 when reform-minded Oklahoma voters overwhelmingly approved a ballot measure that reclassified some drug and property crimes to lesser misdemeanors from severe felonies.
State legislators would later make the will of voters retroactive to Oklahomans who were convicted before the new reforms were instituted.
Also in 2016, Oklahoma lawmakers lowered the punishment for drug possession and then reduced it again in 2018. They further reduced penalties for certain property crimes.
What does this mean for you? Make us your advocate, and let us help you get your life back.
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Energized
This bipartisan drive for criminal-justice reform became a powerful reflection of the state’s desire to confront its overflowing prison population and the relentless tough-on-crime politics and policies of the past.
Oklahoma long held a top position nationally for the rate of incarcerated people.
And now Oklahoma was energized for reform. In November of 2019, we made history.
That’s when we made the largest single-day commutation of prison sentences – 462 – in the nation’s history.
The move reportedly reduced the prison population enough that Oklahoma no longer had the highest rate of incarceration in the nation.
Further yet, almost 2,000 prison years were saved through commutations that resulted in lower sentences.
Attitudes
For years in Oklahoma, drug possession was the primary reason for someone going to prison.
Just between 2005 and 2015, there were 17,500 prison sentences for drug possession. The average sentence was 19 months.
At one time, Oklahoma also had the highest rate of female incarceration in America.
Our politicians long competed to be ever-more tough on crime without considering the consequences.
But today, public attitudes have shifted.
Battles
Twice during this reform push, voters in Oklahoma acted to change the system.
A ballot measure in 2016 reclassified simple drug possession to a lesser misdemeanor. In the past, such a charge could lead to a much more serious felony. Then in 2019, legislators made that ballot measure retroactive and also allowed people to expunge old records for felony drug possession.
A major leader in this movement, former Republican state Rep. Kris Steele, told Slate.com at the time:
“In 2016, the people of our state said, ‘You know what? A person who is charged with simple possession, or who may battle addiction, they don’t need to go to prison,’ They shouldn’t be viewed as a prisoner. It’s a health issue, we should treat them more as a patient.”
Another ballot measure changed how nonviolent offenders were handled. Yet another legalized medical marijuana.
Getting a pardon
How can you benefit? Let’s start with a pardon.
A pardon is an act of forgiveness for crimes committed. It recognizes that you’ve become a law-abiding citizen who made errors in the past and regrets them.
The state of Oklahoma interprets a pardon as a privilege and not a right. Pardons become an option after your sentence is completed. To be eligible, you cannot have pending charges or owe court debt.
What can a pardon do? It restores the following:
- Right to serve in office
- Right to firearms privileges
- Right to work in policing
- Right to hold a liquor license
If you have not been pardoned for a felony conviction, even the people around you cannot obtain a liquor license.
On its own, a pardon does not automatically clear your criminal record. But you also don’t need a pardon to separately have your criminal records expunged, or sealed from public view.
As part of the process, the Oklahoma Pardon and Parole Board will conduct a hearing and make a determination before the governor issues a final decision. The board considers your remorse and acceptance of responsibility in the crime.
The Oklahoma Department of Corrections is separately responsible for conducting an investigation of your application.
Keep in mind that even if you are pardoned, you must still answer “yes” on an employment application if you’ve previously been convicted of a crime.
But we can fix that by separately expunging your criminal record from public view.
Getting an expungement
Amid the wave of reform in Oklahoma, it’s become steadily easier over the last 10 years to have one’s criminal record “expunged,” or removed from public view.
In addition to changes in the law that had already been made, the Oklahoma legislature went further in 2019. That’s when it became possible for anyone who was pardoned to also be eligible for expungement. This includes even people with more than one felony.
Fives reasons for taking action in Oklahoma to expunge your criminal record:
- Expungement process is now faster
- More people are eligible
- You’ll be more desirable to employers
- You’ll be more desirable for bank loans
- You’ll feel more confident
What should you expect? The Oklahoma Board of Pardon and Parole says that it “takes into account acceptance of responsibility, remorse, and atonement” when deciding whether to expunge a record.
What are the benefits of expungement?
- No employer can require you to talk about it
- No employer can refuse to hire you
- You may state that no such incident occurred
Oklahoma took a major step in 2018 when it became possible for people with felonies – not just misdemeanors – to have those records expunged without needing to be pardoned first by the governor.
Also in 2018, Oklahoma ended a requirement that you have no prior misdemeanor or felony convictions before getting an expungement of your criminal records.
Then in 2019, Oklahoma again changed the law and did away with rules requiring a finding of innocence and a waiting period of 10 years.
Getting a commutation
If your sentence was excessive or unjust, Norwood.Law could work to get it reduced through a commutation.
They seek to correct unfair sentences, and are not intended for early release from prison.
Commutations are not as common as pardons and paroles. The Oklahoma Pardon and Parole Board must favorably recommend a commutation before the governor can grant it.
The review for a commutation occurs in two stages:
- The first determines if you’re qualified with a review of your file
- The second is a personal hearing and further investigation
Loved ones and supporters may speak and write letters on your behalf.
Even though commutations are intended to correct overly severe sentences, you cannot apply until you’ve served one-third of your sentence.
Some things you’ll need for the application:
- Personal identifying information
- Details of offense
- Incarceration information
- Misconduct history
- Military service
- Criminal history