Felon in the house

[dennishoddy]

Short answer: No.

[Broken External Image]Oklahoma Statutes Citationized
[Broken External Image]Title 21. Crimes and Punishments
[Broken External Image]Chapter 53 - Manufacture, Sale, and Wearing of Weapons
[Broken External Image]Section 1283 - Convicted Felons and Delinquents
Cite as: O.S. §, __ __

A. Except as provided in subsection B of this section, it shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or in which the person is riding as a passenger, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm.

Emphasis added by me.

Thanks for the links. I have some relatives that are dealing with this issue. They travel a lot in the family business of Diesel truck repair so some of the areas they work in are not country club areas. Dumb decisions when a teen that haunts them in their 30's and will the rest of their life.

 

[Dave70968]

Thanks for the links. I have some relatives that are dealing with this issue. They travel a lot in the family business of Diesel truck repair so some of the areas they work in are not country club areas. Dumb decisions when a teen that haunts them in their 30's and will the rest of their life.

Define "teenager." 21 O.S. 1283(D) might be relevant:

D. It shall be unlawful for any person previously adjudicated as a delinquent child or a youthful offender for the commission of an offense, which would have constituted a felony offense if committed by an adult, to have in the possession of the person or under the immediate control of the person, or have in any vehicle which he or she is driving or in which the person is riding as a passenger, or at the residence of the person, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm within ten (10) years after such adjudication; provided, that nothing in this subsection shall be construed to prohibit the placement of the person in a home with a full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET) pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes.​

Mind, I haven't reviewed the relevant portions of federal law to see if a parallel statute exists there.

 

[dennishoddy]

Define "teenager." 21 O.S. 1283(D) might be relevant:

D. It shall be unlawful for any person previously adjudicated as a delinquent child or a youthful offender for the commission of an offense, which would have constituted a felony offense if committed by an adult, to have in the possession of the person or under the immediate control of the person, or have in any vehicle which he or she is driving or in which the person is riding as a passenger, or at the residence of the person, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm within ten (10) years after such adjudication; provided, that nothing in this subsection shall be construed to prohibit the placement of the person in a home with a full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET) pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes.​

Mind, I haven't reviewed the relevant portions of federal law to see if a parallel statute exists there.

He was a legal adult at the time of the non violent felony although still a teen. I know so many good citizens in our community that made a stupid mistake when a teen that will carry that issue for the rest of their lives most likely unless they can get a Governor's pardon.

Speaking of Federal Parallel statutes, Its OK under federal statutes for a felon to own a muzzle loading rifle, but Oklahoma does not recognize that. Or at least it didn't.

 

[Dave70968]

He was a legal adult at the time of the non violent felony although still a teen. I know so many good citizens in our community that made a stupid mistake when a teen that will carry that issue for the rest of their lives most likely unless they can get a Governor's pardon.

Speaking of Federal Parallel statutes, Its OK under federal statutes for a felon to own a muzzle loading rifle, but Oklahoma does not recognize that. Or at least it didn't.

Weeeelllll....

22 OS 18

A. Persons authorized to file a motion for expungement, as provided herein, must be within one of the following categories:

...

12. The person was convicted of a nonviolent felony offense not listed in Section 571 of Title 57 of the Oklahoma Statutes, the person has not been convicted of any other felony or separate misdemeanor in the last seven (7) years, no felony or misdemeanor charges are pending against the person and at least five (5) years have passed since the completion of the sentence for the felony conviction;

13. The person was convicted of not more than two nonviolent felony offenses, not listed in Section 571 of Title 57 of the Oklahoma Statutes, the person has received a full pardon for both of the nonviolent felony offenses, no felony or misdemeanor charges are pending against the person, and at least twenty (20) years have passed since the last misdemeanor or felony conviction; or

...

B. For purposes of Section 18 et seq. of this title, "expungement" shall mean the sealing of criminal records, as well as any public civil record, involving actions brought by and against the State of Oklahoma arising from the same arrest, transaction or occurrence.

C. For purposes of seeking an expungement under the provisions of paragraph 10, 11, 12 or 13 of subsection A of this section, offenses arising out of the same transaction or occurrence shall be treated as one conviction and offense.

D. Records expunged pursuant to paragraphs 8, 9, 10, 11, 12, 13 and 14 of subsection A of this section shall be sealed to the public but not to law enforcement agencies for law enforcement purposes. Records expunged pursuant to paragraphs 8, 9, 10, 11, 12 and 13 of subsection A of this section shall be admissible in any subsequent criminal prosecution to prove the existence of a prior conviction or prior deferred judgment without the necessity of a court order requesting the unsealing of the records. Records expunged pursuant to paragraph 4, 6, 12 or 13 of subsection A of this section may also include the sealing of Pardon and Parole Board records related to an application for a pardon. Such records shall be sealed to the public but not to the Pardon and Parole Board.​

We should probably move this to a private discussion at this point, but all is not hopeless.

 

[dennishoddy]

We are visiting them this weekend for one of their kids birthdays and I know he has been looking at some of the issues you brought up.
I'll see where he is at and if needed, I'll contact you. Thanks for the info.

 

[Dave70968]

We are visiting them this weekend for one of their kids birthdays and I know he has been looking at some of the issues you brought up.
I'll see where he is at and if needed, I'll contact you. Thanks for the info.

Always my pleasure. Have a look at 22 OS 19 as well--it lays out just how powerful a Section 18 expungement is. The Section 991c expungement (applicable only to deferred sentences) isn't nearly so strong.

 

[D. Hargrove]

This ^^^^^ is why this forum is a great place to spend some time. Lawyers, Game Wardens, Doctors, HVAC Folks, Mechanics and on and on freely giving of their knowledge..... THANK YOU ALL!!!

 

[Cougar]

Depending on how long ago mom's felony was, and what it was for, there may be a chance (a really good chance depending on the charge) that an expungement could be granted by the courts. An expungement is different than a governor's pardon, and is much easier to obtain. In fact, a new Oklahoma law went into effect November 1 making this process even easier and more accessible. There are a lot of criminal attorneys around that will know the process. The charge must be expunged in the court that issued the conviction. If the conviction was in another state, then it would need to be expunged in that state under that state's law.

If the offense was not especially heinous, and mom has since turned her life around and shown herself to have a pattern of respectable behavior, expungement is 100% the way to go.

http://www.nbc-2.com/story/39268242/recent-changes-to-oklahoma-expungement-law

 

[Dave70968]

Depending on how long ago mom's felony was, and what it was for, there may be a chance (a really good chance depending on the charge) that an expungement could be granted by the courts. An expungement is different than a governor's pardon, and is much easier to obtain. In fact, a new Oklahoma law went into effect November 1 making this process even easier and more accessible. There are a lot of criminal attorneys around that will know the process. The charge must be expunged in the court that issued the conviction. If the conviction was in another state, then it would need to be expunged in that state under that state's law.

If the offense was not especially heinous, and mom has since turned her life around and shown herself to have a pattern of respectable behavior, expungement is 100% the way to go.

http://www.nbc-2.com/story/39268242/recent-changes-to-oklahoma-expungement-law

I made reference to a couple of clauses above in direct response to Dennis's relative's situation, but for anybody interested, here are all of the grounds listed in 22 O.S. 18 in it's current form:

A. Persons authorized to file a motion for expungement, as provided herein, must be within one of the following categories:


1. The person has been acquitted;

2. The conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction, or an appellate court of competent jurisdiction reversed the conviction and the prosecuting agency subsequently dismissed the charge;

3. The factual innocence of the person was established by the use of deoxyribonucleic acid (DNA) evidence subsequent to conviction, including a person who has been released from prison at the time innocence was established;

4. The person has received a full pardon on the basis of a written finding by the Governor of actual innocence for the crime for which the claimant was sentenced;

5. The person was arrested and no charges of any type, including charges for an offense different than that for which the person was originally arrested, are filed and the statute of limitations has expired or the prosecuting agency has declined to file charges;

6. The person was under eighteen (18) years of age at the time the offense was committed and the person has received a full pardon for the offense;

7. The person was charged with one or more misdemeanor or felony crimes, all charges have been dismissed, the person has never been convicted of a felony, no misdemeanor or felony charges are pending against the person and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled; provided, however, this category shall not apply to charges that have been dismissed following the completion of a deferred judgment or delayed sentence;

8. The person was charged with a misdemeanor, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, the person has never been convicted of a felony, no misdemeanor or felony charges are pending against the person and at least one (1) year has passed since the charge was dismissed;

9. The person was charged with a nonviolent felony offense not listed in Section 571 of Title 57 of the Oklahoma Statutes, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, the person has never been convicted of a felony, no misdemeanor or felony charges are pending against the person and at least five (5) years have passed since the charge was dismissed;

10. The person was convicted of a misdemeanor offense, the person was sentenced to a fine of less than Five Hundred One Dollars ($501.00) without a term of imprisonment or a suspended sentence, the fine has been paid or satisfied by time served in lieu of the fine, the person has not been convicted of a felony and no felony or misdemeanor charges are pending against the person;

11. The person was convicted of a misdemeanor offense, the person was sentenced to a term of imprisonment, a suspended sentence or a fine in an amount greater than Five Hundred Dollars ($500.00), the person has not been convicted of a felony, no felony or misdemeanor charges are pending against the person and at least five (5) years have passed since the end of the last misdemeanor sentence;

12. The person was convicted of a nonviolent felony offense not listed in Section 571 of Title 57 of the Oklahoma Statutes, the person has not been convicted of any other felony or separate misdemeanor in the last seven (7) years, no felony or misdemeanor charges are pending against the person and at least five (5) years have passed since the completion of the sentence for the felony conviction;

13. The person was convicted of not more than two nonviolent felony offenses, not listed in Section 571 of Title 57 of the Oklahoma Statutes, the person has received a full pardon for both of the nonviolent felony offenses, no felony or misdemeanor charges are pending against the person, and at least twenty (20) years have passed since the last misdemeanor or felony conviction; or

14. The person has been charged or arrested or is the subject of an arrest warrant for a crime that was committed by another person who has appropriated or used the person's name or other identification without the person's consent or authorization.

B. For purposes of Section 18 et seq. of this title, "expungement" shall mean the sealing of criminal records, as well as any public civil record, involving actions brought by and against the State of Oklahoma arising from the same arrest, transaction or occurrence.

C. For purposes of seeking an expungement under the provisions of paragraph 10, 11, 12 or 13 of subsection A of this section, offenses arising out of the same transaction or occurrence shall be treated as one conviction and offense.

D. Records expunged pursuant to paragraphs 8, 9, 10, 11, 12, 13 and 14 of subsection A of this section shall be sealed to the public but not to law enforcement agencies for law enforcement purposes. Records expunged pursuant to paragraphs 8, 9, 10, 11, 12 and 13 of subsection A of this section shall be admissible in any subsequent criminal prosecution to prove the existence of a prior conviction or prior deferred judgment without the necessity of a court order requesting the unsealing of the records. Records expunged pursuant to paragraph 4, 6, 12 or 13 of subsection A of this section may also include the sealing of Pardon and Parole Board records related to an application for a pardon. Such records shall be sealed to the public but not to the Pardon and Parole Board.​

As always, anybody with questions is welcome to contact me in-thread or privately, as you prefer.

 

[Cougar]

Upon further reading it appears that an Oklahoma expungement does not restore civil rights (firearms, jury service, etc) that are lost due to a felony conviction. A governor's pardon is still required to restore these rights. Anyone else have any input?

http://www.michaelrisley.com/blog/expungement-laws-to-change-on-nov-1st-2018