Expunge Old Marijuana Charges in Oklahoma: Your Path to a Clean Slate

Oklahoma’s medical marijuana revolution, sparked by State Question 788 in 2018, turned simple possession from a potential felony into a protected right for licensed patients. Yet, for thousands of Oklahomans, pre-2018 marijuana charges, like possession under 3 oz or paraphernalia still linger on background checks, derailing jobs, housing, medical cards or OMMA cannabis business licenses. Expungement can seal or erase those records, giving you a fresh start to thrive in the post-SQ 788 era.

With the Clean Slate Act (HB 3316) launching automatic expungements for eligible cases on November 1, 2025, now is the perfect time to explore your options. Many old marijuana charges qualify for automatic sealing, but felonies, multi-county cases or records with errors often require a court petition. At Gies Law Firm, we know the nuances of all-things cannabis law and that includes clearing marijuana-related records. We leverage our expertise to maximize your approvals.

This guide walks you through the steps to expunge old marijuana charges, tailored to your case’s complexity. You can book a consultation to get on our calendar, where we’ll review your OSCN court records to pinpoint your best path, whether it’s waiting for Clean Slate or filing a petition under our Simple Seal, Misdemeanor Wipe or Felony Fresh Start tiers. Use our checklist to understand eligibility, process, and costs, and take control of your future.

Note: This guide reflects Oklahoma laws as of September 2025 (Title 22 O.S. §§ 18, 19, 991c; HB 3316). Cannabis laws evolve, so verify with OSBI and consult a lawyer. Check out our Green Brief podcast episode, "Wiping the Slate Clean: Expunging Old Weed Charges in the Medical Era," on PodEngine.ai for more insights.

Your Path to Expungement: Step-by-Step

Expungement seals criminal records from public view, letting you deny past charges for jobs, housing or OMMA applications. Oklahoma offers two main paths: automatic Clean Slate sealing (no petition for eligible cases) and petition-based expungement (court process for convictions or complex records). Old marijuana charges, especially pre-2018 possession or paraphernalia are often eligible, but it depends on your record, sentence completion and paid fines. Here’s how to navigate your options.

Step 1: Book a Consultation and Review OSCN Records

• Why: A consultation gets you on our calendar for a personalized case review. We’ll search your OSCN court records (free public database) to identify charges, conviction status, and eligibility flags.

• How: Schedule online or call us at 405.281.0276. Provide your full name, DOB and any known case numbers in our additional comments section of the consultation form. We’ll pull OSCN data (e.g., case type, disposition, sentence dates) during the consult.

• What We Check: Marijuana-related charges (e.g., possession under 3 oz, paraphernalia), dismissals, deferred sentences, or felonies. We’ll spot red flags like unpaid fines or pending cases.

• Gies Law Firm Tip: OSCN gives a quick snapshot but may miss arrests not filed in court. If needed, we’ll guide you to order an OSBI report ($15, client-paid) post-consult for full accuracy.

Step 2: Assess Your Eligibility

Based on your OSCN records, we’ll determine if your marijuana charge qualifies.

Post-SQ 788, many pre-2018 charges (like simple possession) are now misdemeanors or legal for licensed patients, boosting sealing odds. If ineligible, a pardon may be an option.

You’re Likely INELIGIBLE If:

• Charge involved violence, trafficking or distribution (e.g., possession over 25 lbs pre-2018).

• Includes sex crimes, DUIs or domestic violence tied to marijuana.

• You’re on probation, parole or have pending charges.

• Unpaid restitution or fines remain.

• Less than 5 years since misdemeanor sentence completion (7 years for one felony, 10 for two non-violent felonies).

You May QUALIFY If:

• Non-Convictions (Full Expungement – Section 18): Arrests without charges, dismissals or acquittals (e.g., 2017 possession stop, no conviction). Eligible immediately if no felonies in 7 years.

• Misdemeanor Convictions (Partial Sealing – Section 18/991c): Simple possession (under 3 oz), paraphernalia or personal cultivation pre-2018. Deferred sentences sealable post-completion; convictions need 5 years post-sentence, no felonies, paid fines.

• Felony Convictions (Limited Sealing – Section 18): Non-violent felonies (e.g., intent under 25 lbs pre-2018). One felony: 5 years post-sentence; two: 10 years. Pardoned felonies: anytime.

• Automatic Clean Slate (Nov. 1, 2025): Misdemeanor possession, non-convictions, or deferred sentences. No violence or unpaid debts. Covers ~70% of simple marijuana cases.

Cannabis-Specific Note: Charges legal today (e.g., possession under 1 oz with a medical card) are strong candidates for sealing. We use SQ 788’s retroactive impact to argue your case.

Step 3: Choose Your Expungement Path

After reviewing your OSCN records, we’ll recommend one of these paths. Our flat-fee tiers match your case’s complexity, covering all legal work (petition drafting, hearings, agency coordination). You pay court/OSBI fees separately (~$200-300).

Path 1: Wait for Clean Slate Automatic Sealing (Free, Starts Nov. 1, 2025)

• Best For: Simple possession misdemeanors, dismissed charges or deferred sentences (e.g., 2016 paraphernalia, paid fines).

• Process: OSBI scans records monthly, notifies agencies and seals if no objections (45 days). You receive a confirmation letter—no action needed.

• Pros: Free, no effort. Covers most pre-2018 possession cases.

• Cons: Excludes felonies, multi-county cases or records with errors. Unpaid restitution blocks it. If missed, you’ll need a petition.

• Gies Law Firm Service: Consultation confirms Clean Slate eligibility via OSCN. If ineligible or risky, we recommend a petition tier.

Path 2: Petition-Based Expungement (Court Process)

• Best For: Felonies, multi-offense, or Clean Slate-ineligible cases (e.g., 2012 felony possession with intent, one county).

The Process:

1. Order OSBI report ($15, client-paid) for full record accuracy.

2. We file a petition in the district court of the charge’s county (OSCN forms).

3. Serve DA, arresting agency, OSBI (certified mail).

4. Attend hearing (within 30 days). We counter DA objections with SQ 788 arguments.

5. If approved, send sealing order to agencies (1-month processing).

• Timeline: 2-6 months, depending on court backlog.

Gies Service Tiers:

• Simple Seal ($750): Non-convictions or dismissed possession/paraphernalia (e.g., 2015 arrest, no charges). One county, typically no hearing. Perfect for Clean Slate backups.

• Misdemeanor Wipe ($1,500): Deferred sentences or misdemeanor convictions (e.g., 2013 possession under 3 oz). One-two counties, includes hearing preparation and representation.

• Felony Fresh Start ($2,000): Non-violent felonies (e.g., pre-2018 possession with intent under 25 lbs) or multi-county cases. Covers petition drafting, hearing representation, objections, and appeals prep. Add $300 per additional county for multi-county cases.

Path 3: Seek a Pardon (If Ineligible)

• Best For: Violent felonies, trafficking, or multiple ineligible convictions (e.g., 2009 distribution over 25 lbs).

• Process: Apply to Oklahoma Pardon and Parole Board. If granted, expunge anytime via Section 18. Takes 6-12 months; low approval without strong rehabilitation evidence.

• Gies Service: Consultation assesses pardon viability; custom quote for pardon assistance ($2,000+).

Step 4: Complete the Process

• Clean Slate: Wait for OSBI notice (starts Nov. 2025). If missed, we pivot to a petition tier.

• Petition: We file, argue, and coordinate sealing with agencies. You get confirmation of a sealed record.

• Costs (Client-Paid): $15 (OSBI report), $50-150 (court filing, waivable if low-income), $150 (OSBI processing). Total: $200-300. Our flat fees ($750, $1,500, or $2,000) cover all legal work.

• Outcome: Sealed records disappear from public checks (jobs, housing, OMMA). You can deny the charge. Federal flags (e.g., firearms) may persist.

Why Choose Gies Law Firm?

• We Are Cannabis Law Experts: We leverage SQ 788/SQ 820 to argue retroactive legality, boosting approval rates for marijuana cases.

• Transparent Pricing: $175 consultation to start; flat fees ($750, $1,500, $2,000) for services. No hourly surprises.

• Proven Track Record: Hundreds of marijuana expungements completed, from simple possession to complex felonies.

• Satisfaction Guarantee: One free petition revision if needed.

2025 Outlook: Act Now

The Clean Slate Act auto-seals eligible marijuana misdemeanors starting November 1, 2025, but felonies and complex cases require petitions. HB 1770 (2024) allows multi-charge petitions, and HB 3361’s cannabis compliance rules make clean records vital for OMMA licensing. Don’t risk missing automatic sealing—book a $100 consultation to review your OSCN records now.

Summary: Old marijuana charges shouldn’t hold you back. Book a $100 consultation to review your OSCN records and map your path. Eligible for Clean Slate? Wait for free sealing. Need a petition? Our Simple Seal ($750), Misdemeanor Wipe ($1,500), or Felony Fresh Start ($2,000) tiers ensure results. Clear your record, secure your future in Oklahoma’s cannabis era.

Liability Note: Unsealed records risk job, housing, or licensing denials. This guide is informational, not legal advice. Laws change—verify with OSBI/OMMA and consult counsel. Gies Law Firm assumes no liability for reliance on this material.

Ready to Start? Book a consultation today.