David A. Cincotta

EXPUNGEMENT LAWYER EXPERIENCED IN CLEARING PAST RECORDS -
Whether you have a pending charges are wanting to make sure you can get them expunged in the near future or if you have prior records that you need expunged now, David handles expungement cases all over Oklahoma, and he has over a decade of experience with Oklahoma expungement laws. Put his experience in your corner! David has handled more than 1000 expungement cases. David knows how to succeed in getting your records expunged.

CRIMINAL DEFENSE ATTORNEY FIGHTING FOR YOU - David A. Cincotta helps people accused of Crimes in Central Oklahoma. David can help with charges of DWI, Domestic Violence, Drug Charges and others. David’s prior experience gives him the unique ability to defend your rights, negotiate with prosecutors, and influence decision makers to get a resolution you deserve. Good people have bad days. Hire David A. Cincotta to protect your rights and to fight for you.

PARDONS, COMMUTATIONS, ASSET FORFEITURE, ETC. – In addition to criminal defense and expungements, David handles a variety of other legal matters. Do not hesitate to contact David to find out if your legal matter is one in which you could greatly benefit from David’s knowledge, experience and expertise.

FREE IN-DEPTH CONSULTATIONS - David will gladly answer every question that you have during a free consultation - in person or over the phone. He will explain all of your options, give you his honest opinion, and quote you a fee. He believes that an informed client is the best client.

ABOUT DAVID - Before starting the Cincotta Law Office PLLC, David worked as an Assistant District Attorney and then as the General Counsel for the Oklahoma Department of Corrections. In private practice, David primarily focuses his practice in the areas of expungements, criminal defense, estate planning, and probate. Learn more about David at his website.

Oklahoma City University School of Law

J.D. (2007) | Law

2003 - 2007

Honors: Graduated cum laude Merit Scholar President and Dean's Honor Roll CALI Awards: Evidence, Applied Evidence, and Pre-Trial Litigation Phi Kappa Phi Honor Society

Activities: I worked full time during the day and attended law school in the evenings. My full-time work consisted of being a Deputy Court Clerk in Oklahoma County (assigned to District Judge Ray C. Elliott) until my last semester of law school. During my last semester, I was an intern at the Office of the Oklahoma County District Attorney.

Oklahoma State University - Stillwater

B.S. (2002) | Major: Business Management; Minor: International Business

2000 - 2002

Activities: I was a member of the Phi Delta Theta fraternity. I graduated in two-and-a-half years from graduating high school.

Attorney & Counselor at Law/Owner

Cincotta Law Office, PLLC

2019 - Current

I operate and manage a law office providing a variety of legal services in-and-around the Oklahoma City area. My law practice is diverse but the focus of my practice is on estate planning, criminal law, and expungements.

Board Member

Dispute Resolution Advisory Board

2015 - 2019

Advise the Director of the Administrative Office of the Courts with respect to policy development and administration of the Oklahoma Dispute Resolution Act; Assist the Director in providing technical assistance to jurisdictions requesting the study and/or development of dispute mediation programs; Consult with appropriate and necessary state agencies and offices to promote a cooperative and comprehensive implementation of the Act; Assist the Director with the review, supervision, and evaluation of dispute mediation programs; and Make recommendations to the Director pertaining to legislation affecting dispute mediation and other forms of dispute resolution

General Counsel

Oklahoma Department of Corrections

2014 - 2019

I was responsible for all legal matters of the Oklahoma Department of Corrections, which is a large state agency that employs over 4,000 individuals, supervises (on probation/parole) in excess of 30,000 offenders, and incarcerates more 26,000 inmates.

Assistant District Attorney

Office of the OKlahoma County District Attorney

2007 - 2014

I was assigned to the Civil Division of the DA's office and responsible for a variety of civil and quasi-criminal cases.

Licensed Legal Intern

Office of the Oklahoma County District Attorney

2007 - 2007

I assisted attorneys in the Civil Division of the DA's office with research, brief writing, and assisted the assigned attorney by appearing for the State at civil commitment hearings.

Deputy Court Clerk

Oklahoma County Court Clerk

2003 - 2006

While attending law school in the evening, I worked as a Deputy Court Clerk and was assigned to the Honorable Ray C. Elliott, District Judge. I managed the Court's docket and reviewed pleadings, orders, and forms submitted to the Judge. I was also responsible for performing many other tasks requested by Judge Elliott.

Establishment of the Criminal Court of Appeals of Oklahoma and the First Bench

Addressing 4th Amendment Audits, Oklahoma City, OK

Department of Corrections

Delayed Sentencing and DOC Program Requirements, Annual Judicial Conference, Oklahoma City, OK

Oklahoma Administrative Office of the Courts

Delayed Sentencing Program and Judgement & Sentence Wording, DAC Summer Conference, Fort Gibson, Oklahoma

District Attorneys Council

Judgment & Sentence Wording & Sentence Calculations, Annual Judicial Conference, Oklahoma City, OK

Oklahoma Administrative Office of the Courts

DOC Programs & Writs, Oklahoma City, OK

Oklahoma County Juvenile Attorneys and Judges

Merit Scholarship Award

Oklahoma City University School of Law

2006

CALI Award - Applied Evidence

Oklahoma City University School of Law

2006

Award for the highest grade in the class.

CALI Award - Pretrial Litigation

Oklahoma City University School of Law

2006

Award for the highest grade in the class.

Merit Scholarship Award

Oklahoma City University School of Law

2005

CALI Award - Evidence

Oklahoma City University School of Law

2005

Award for the highest grade in the class.

Oklahoma County Criminal Defense Lawyer's Association

Member

2021 - Current

Oklahoma County Bar Association

Member

2020 - Current

NW OKC Rotary

Member

2020 - Current

Activities: Help in the community in various ways with "Service above Self."

Oklahoma Criminal Defense Lawyers Association

Member

2020 - Current

Oklahoma Criminal Defense Lawyer's Association

Member

2020 - Current

Oklahoma

Oklahoma Bar Association

ID Number: 21629

Since 2007

10th Circuit

Since 2015

U.S. District Court for the Eastern District of Oklahoma

Since 2016

U.S. District Court for the Northern District of Oklahoma

Since 2016

U.S. District Court for the Western District of Oklahoma

Since 2008

• Free Consultation
  Free consultations and case reviews are available for all cases.
• Credit Cards Accepted
  All forms of payment including all major credit cards, cash, checks, and money orders are accepted.
• Rates, Retainers and Additional Information
  Different fee agreements are available, depending on the type of case. These include flat fees and hourly fees.

• Asset Forfeiture
• Pardon
• Parole
• Commutation

Q. Is attemted robbery in oklahoma an 85 percent crime?

January 24, 2024

A: No. There are a couple unpublished opinions from the Oklahoma Court of Criminal Appeals (Robertson v. JCCC, HC-2005-768 - 2006, and Day v. State, F-2007-526 - 2008) that essentially provide that an attempt to commit a crime specified in Section 13.1 of Title 21 (the 85% crimes) is not subject to the 85% restriction and inmates with such sentences can earn credits toward the completion of their sentence. The Oklahoma Department of Corrections has a policy that implements the rule from the two unpublished opinions referenced above.

Q. I have a felony from September of 2014, am I able to get it expunged? With that I got a misdemeanor in November of 2018.

January 24, 2024

A: It depends on whether your felony resulted in a conviction and what the crime was. If it was a conviction but one that can be expunged without a pardon, the misdemeanor conviction would prevent you from obtaining the expungement now. In that situation, you would have to wait until seven years has passed since the misdemeanor expungement. Contact an expungement lawyer to discuss the matter further. The attorney can advise whether you qualify now, if you will qualify in the near future, or if you need to obtain a pardon.

Q. I would like to know if I am a defendant in a criminal case in the state of oklahoma and I am bonded out by an accredite

January 23, 2024

A: If you have been charged with a criminal offense, the court can set conditions for your pretrial release. Sometimes no conditions exist other than to not commit new crimes and to remain in contact with your bondsman. Other times, the court requires the person to have a GPS monitor, to have no contact with individuals involved in the case (i.e. complaining witness), periodic drug testing, and sometimes other conditions are applicable. Failure to comply with pretrial release/bail requirements of the court can result in bail being revoked and the person being held in jail awaiting trial.

A bondsman generally has to comply with the contract you signed with them - just as you must comply with the same contract. So, if it is the bondsman requiring the drug testing and not the court, the appropriateness of that would depend on what the contract you signed with the bondsman provides/requires. ... Read More