Broken Arrow, OK asked in Criminal Law, DUI / DWI and Legal Malpractice for Oklahoma

Q: Could my record be expunged early if my lawyer was arrested and surrendered his license?

State of Oklahoma

Lawyer didn’t adequately communicate, failed to appear in court, and failed to perform work for fees charged.

4 client complaint

Arrested in 2006 as well

1 Lawyer Answer
T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

A: In Oklahoma, the eligibility for expungement of a criminal record is based primarily on the specifics of your case, the type of offense, and the time that has passed since the conclusion of the sentence or probation. The misconduct of your attorney, while a significant concern, does not automatically qualify you for early expungement.

However, if your lawyer's actions negatively impacted the outcome of your case, there may be some legal recourse. For instance, if your attorney's behavior constituted ineffective assistance of counsel, it's possible you could pursue a post-conviction relief motion. If successful, this might lead to a new trial, a modified sentence, or even a dismissal of charges.

The arrest and professional misconduct of your lawyer could bolster your argument that you received ineffective assistance. However, you'd still need to prove that their behavior directly impacted your case's outcome. Four client complaints and an arrest in 2006 could be used to establish a pattern of unprofessional conduct, but their relevance to your specific situation would be up to a court to determine.

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