Chicago, IL asked in Cannabis & Marijuana Law and Criminal Law for Oklahoma

Q: 1st time offender sentenced for marijuana in 2010 it has been 10 years had deferred sentence 10/25, can I file expunge

1st time offender charged with trafficking marijuana completed parole issue free have 25 deferred. Can I qualify for expungement? In Oklahoma

1 Lawyer Answer
David A. Cincotta
David A. Cincotta
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: You say you have 25 deferred. Do you mean suspended? It looks like from the title of your question (by your use of 10/25) that you received maybe a 25-year sentence with the first 10 years to serve for trafficking marijuana, and you were paroled at some point while serving the 10 years, is that correct? If that is the case, your sentence will not be complete until the 25th anniversary of the date of your sentencing (if you were sentenced 10 years ago, your sentence will remain active - even if you are not supervised - for another 15 years. The Pardon and Parole Board will not consider commutations for people not in custody and you likely do not qualify for any type of sentence modification. Drawing conclusions based on some of the statements you make in your question, it does not appear that you qualify for an expungement at this time.

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