Oklahoma § 22-18 - See the following versions:

§ 22-18. See the following versions:

OS 22-18v1 (SB 2038, Laws 2024, c. 452, § 12).

OS 22-18v2 (SB 1770, Laws 2024, c. 259, § 1).

§22-18a. Petition to Expunge Records and Order to Expunge Records.

The following statutory forms of Petition to Expunge Records

Pursuant to Title 22 O.S. Sections 18 and 19 and Order to Expunge

Records Pursuant to Title 22 O.S. Sections 18 and 19, as authorized

by Section 1 of this act, may be utilized for persons seeking an

expungement of records under the provisions of paragraph 15 of

subsection A of Section 18 of Title 22 of the Oklahoma Statutes:

IN THE DISTRICT COURT OF _________________

___ COUNTY

STATE OF OKLAHOMA

______________________________,

)

)

Petitioner,

)

)

)

)

vs.

)

Case No. ________________

)

_____________________________ )

Oklahoma Statutes - Title 22. Criminal Procedure

)

)

)

THE STATE OF OKLAHOMA,

)

)

)

)

Respondent.

)

PETITION TO EXPUNGE RECORDS

PURSUANT TO TITLE 22 O.S. SECTIONS 18 AND 19

COMES NOW, the Petitioner and respectfully moves this Court to

expunge the criminal history records of the Petitioner pursuant to

paragraph 15 of subsection A of Section 18 and Section 19 of Title

22 of the Oklahoma Statutes.

PETITIONER INFORMATION:

_________________________________________________________________

(Last name)

(First name)

(Middle name)

_________________________________________________________________

(Address)

_________________________________________________________________

(Phone Number)

__________________________

________________________

(Date of Birth)

(Social Security Number)

CRIMINAL CASE INFORMATION:

Name and Address of Arresting Agency:

Date of Arrest:

____________________________________

_____________________

____________________________________

____________________________________

Name and Address of Other Agency:

(List any state or local government agency that has a record of your

case.)

____________________________________

_______________________

____________________________________

_______________________

____________________________________

_______________________

Case Number to be Expunged: _____________________________________

Charge to be Expunged: __________________________________________

* Information on your criminal case may be found at www.oscn.net.

I, the above-named Petitioner, hereby petition this Court for an

expungement of criminal records pursuant to paragraph 15 of

subsection A of Section 18 of Title 22 of the Oklahoma Statutes and

certify as follows:

1. In this court of the county named above, I was charged and

convicted of a nonviolent felony offense not listed in Section 571

of Title 57 of the Oklahoma Statutes;

2. That the nonviolent felony offense I was charged and

convicted of has been reclassified as a misdemeanor offense under

Oklahoma law;

Oklahoma Statutes - Title 22. Criminal Procedure

3. That I am not currently serving a sentence for a crime in

this state or another state;

4. At least thirty (30) days have passed since either the

completion of my sentence or the commutation of my sentence for the

crime that was reclassified as a misdemeanor;

5. That all restitution (if any) ordered by the court to be

paid by me in this case has been satisfied in full;

6. That I have successfully completed any and all treatment

program(s) ordered by the court, successfully completed an

accelerated or revoked sentence or successfully completed a

treatment program at a later date; and

7. That the harm to the Petitioner's privacy or danger of

unwarranted adverse consequences outweighs the public's interest in

retaining said records.

I declare under penalty of perjury that the statements made

herein are true and correct to the best of my knowledge, information

and belief.

___________________

______________________________

Date

Signature of Petitioner

Name (Print): ________________

IN THE DISTRICT COURT OF _____________________________ COUNTY

STATE OF OKLAHOMA

_______________________________,

)

)

Petitioner,

)

)

)

)

vs.

)

Case No. ________________

)

_____________________________ )

)

)

)

THE STATE OF OKLAHOMA,

)

)

)

)

Respondent.

)

ORDER TO EXPUNGE RECORDS

PURSUANT TO TITLE 22 O.S. SECTIONS 18 AND 19

NOW on this ___________ day of ________________________________,

20______, after consideration of the Petition to Expunge Records

Pursuant to Title 22 O.S. Sections 18 and 19, presented by

___________________________________, it is so ORDERED that:

[

]

The Petition is hereby GRANTED. The Petitioner qualifies

for an expungement of records pursuant to paragraph 15 of

Oklahoma Statutes - Title 22. Criminal Procedure

subsection A of Section 18 of Title 22 of the Oklahoma

Statutes. The Court finds that the harm to the Petitioner's

privacy or danger of unwarranted adverse consequences

outweighs the public's interest in retaining said records.

The Court further finds that the law enforcement agencies

listed in the Petition to Expunge Records shall seal all of

the court, arrest and criminal history records of the

Petitioner pursuant to the provisions of Section 19 of Title

22 of the Oklahoma Statutes. Upon the entry of this order

to seal the records, or any part thereof, the subject

official actions shall be deemed never to have occurred, and

the person in interest and all criminal justice agencies may

properly reply, upon any inquiry in the matter, that no such

action ever occurred and that no such record exists with

respect to such person. Inspection of the records included

in the order may thereafter be permitted by the court only

upon petition by the person in interest who is the subject

of such records, the Attorney General, or by the district

attorney and only to those persons and for such purposes

named in such petition. Employers, educational

institutions, state and local government agencies,

officials, and employees shall not, in any application or

interview or otherwise, require an applicant to disclose any

information contained in sealed records. An applicant need

not, in answer to any question concerning arrest and

criminal records, provide information that has been sealed,

including any reference to or information concerning such

sealed information, and may state that no such action has

ever occurred. Such an application may not be denied solely

because of the applicant's refusal to disclose arrest and

criminal records information that has been sealed.

[

] The Petition is hereby DENIED.

IT IS SO ORDERED.

JUDGE OF THE DISTRICT COURT

____________________________

Added by Laws 2019, c. 459, § 2, eff. Nov. 1, 2019.

§22-18v1. Expungement of records - Persons authorized.

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

Oklahoma Statutes - Title 22. Criminal Procedure

conviction, including a person who has been released from prison at

the time innocence was established;

4. The person has received a full pardon by the Governor for

the crime for which the person 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;

Oklahoma Statutes - Title 22. Criminal Procedure

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, the person has

not been convicted of a 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 felony

offenses, none of which is a felony offense listed in Section 13.1

of Title 21 of the Oklahoma Statutes or any offense that would

require the person to register pursuant to the provisions of the Sex

Offenders Registration Act, no felony or misdemeanor charges are

pending against the person, and at least ten (10) years have passed

since the completion of the sentence for the felony conviction;

14. The person was charged with not more than two felony

offenses and the charges were dismissed following the successful

completion of a deferred judgment or delayed sentence, none of which

were felony offenses listed in Section 13.1 of Title 21 of the

Oklahoma Statutes or would require the person to register pursuant

to the provisions of the Sex Offenders Registration Act, no felony

or misdemeanor charges are pending against the person, and at least

ten (10) years have passed since the charges were dismissed;

15. 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; or

16. The person was convicted of a nonviolent felony offense not

listed in Section 571 of Title 57 of the Oklahoma Statutes which was

subsequently reclassified as a misdemeanor under Oklahoma law, the

person is not currently serving a sentence for a crime in this state

or another state, at least thirty (30) days have passed since the

completion or commutation of the sentence for the crime that was

reclassified as a misdemeanor, any restitution ordered by the court

to be paid by the person has been satisfied in full, and any

treatment program ordered by the court has been successfully

completed by the person, including any person who failed a treatment

program which resulted in an accelerated or revoked sentence that

has since been successfully completed by the person or the person

can show successful completion of a treatment program at a later

date. Persons seeking an expungement of records under the

provisions of this paragraph may utilize the expungement forms

provided in Section 18a of this title.

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.

Oklahoma Statutes - Title 22. Criminal Procedure

C. Beginning three (3) years after the effective date of this

act and subject to the availability of funds, individuals with clean

slate eligible cases shall be eligible to have their criminal

records sealed automatically. For purposes of Section 18 et seq. of

this title, “clean slate eligible case” shall mean a case where each

charge within the case is pursuant to paragraph 1, 2, 3, 5, 6, 7, 8,

10, 11, 15, or 16 of subsection A of this section.

D. 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.

E. Records expunged pursuant to paragraphs 4, 8, 9, 10, 11, 12,

13, 14, 15 and 16 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,

13 and 14 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 or 6 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.

Added by Laws 1987, c. 87, § 1, emerg. eff. May 14, 1987. Amended

by Laws 1992, c. 151, § 1, eff. Sept. 1, 1992; Laws 1997, c. 397, §

1, emerg. eff. June 10, 1997; Laws 2000, c. 382, § 9, eff. July 1,

2000; Laws 2002, c. 475, § 1; Laws 2003, c. 3, § 17, emerg. eff.

March 19, 2003; Laws 2004, c. 272, § 1, eff. Nov. 1, 2004; Laws

2004, c. 406, § 1, eff. July 1, 2004; Laws 2008, c. 46, § 1, eff.

Nov. 1, 2008; Laws 2009, c. 2, § 7, emerg. eff. March 12, 2009; Laws

2012, c. 183, § 2, eff. Nov. 1, 2012; Laws 2014, c. 374, § 1, eff.

Nov. 1, 2014; Laws 2015, c. 397, § 2, eff. Nov. 1, 2015; Laws 2016,

c. 348, § 1, eff. Nov. 1, 2016; Laws 2018, c. 127, § 1, eff. Nov. 1,

2018; Laws 2019, c. 379, § 1, eff. Nov. 1, 2019; Laws 2019, c. 459,

§ 1, eff. Nov. 1, 2019; Laws 2022, c. 50, § 1, eff. Nov. 1, 2022;

Laws 2024, c. 452, § 12, emerg. eff. June 14, 2024.

NOTE: Laws 2002, c. 460, § 14 repealed by Laws 2003, c. 3, § 18,

emerg. eff. March 19, 2003. Laws 2008, c. 75, § 1 repealed by Laws

2009, c. 2, § 8, emerg. eff. March 12, 2009.

§22-18v2. Expungement of records - Persons authorized.

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

Oklahoma Statutes - Title 22. Criminal Procedure

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 by the Governor for

the crime for which the person 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 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),

Oklahoma Statutes - Title 22. Criminal Procedure

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, the person has

not been convicted of a 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 felony

offenses, none of which is a felony offense listed in Section 13.1

of Title 21 of the Oklahoma Statutes or any offense that would

require the person to register pursuant to the provisions of the Sex

Offenders Registration Act, no felony or misdemeanor charges are

pending against the person, and at least ten (10) years have passed

since the completion of the sentence for the felony conviction;

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; or

15. The person was convicted of a nonviolent felony offense not

listed in Section 571 of Title 57 of the Oklahoma Statutes which was

subsequently reclassified as a misdemeanor under Oklahoma law, the

person is not currently serving a sentence for a crime in this state

or another state, at least thirty (30) days have passed since the

completion or commutation of the sentence for the crime that was

reclassified as a misdemeanor, any restitution ordered by the court

to be paid by the person has been satisfied in full, and any

treatment program ordered by the court has been successfully

completed by the person, including any person who failed a treatment

program which resulted in an accelerated or revoked sentence that

has since been successfully completed by the person or the person

can show successful completion of a treatment program at a later

date. Persons seeking an expungement of records under the

provisions of this paragraph may utilize the expungement forms

provided in Section 18a of this title.

B. For purposes of Section 18 et seq. of this title:

1. “Expungement” means 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. A fully sealed expunged record shall not be available

to the public or to law enforcement. Such records may be retained

in the state criminal history repository but shall only be

accessible to designated employees of the Oklahoma State Bureau of

Investigation for research and statistical purposes. A partially

Oklahoma Statutes - Title 22. Criminal Procedure

sealed expunged record shall not be available to the public but

shall be available to law enforcement agencies for law enforcement

purposes; and

2. “Single-source record” means a criminal history record from

this state that consists of an Oklahoma arrest record only. A

single-source record shall not contain any arrest from another

state, a federal arrest, or an entry into the National Sex Offender

Registry or a National Crime Information Center (NCIC)

wanted/warrant entry.

C. Beginning three (3) years after November 1, 2022, and

subject to the availability of funds, individuals with clean slate

eligible arrest records shall be eligible to have their arrest

records sealed automatically. For purposes of Section 18 et seq. of

this title, “clean slate eligible arrest record” shall mean an

arrest record where each charge within the record meets one of the

following criteria:

1. Records described in paragraph 1, 2, 3, 4, 5, 6, 14 or 15 of

subsection A of this section;

2. Records described in paragraph 7 of subsection A of this

section where the prosecuting agency has declined to file charges

and the record is an Oklahoma single-source record; or

3. Records described in paragraph 8, 10, or 11 of subsection A

of this section where the record is an Oklahoma single-source

record.

D. 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.

E. Records expunged pursuant to paragraphs 4, 8, 9, 10, 11, 12,

13, 14 and 15 of subsection A of this section shall be partially

sealed so that such records are not available to the public but

remain available 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.

Added by Laws 1987, c. 87, § 1, emerg. eff. May 14, 1987. Amended

by Laws 1992, c. 151, § 1, eff. Sept. 1, 1992; Laws 1997, c. 397, §

1, emerg. eff. June 10, 1997; Laws 2000, c. 382, § 9, eff. July 1,

2000; Laws 2002, c. 475, § 1; Laws 2003, c. 3, § 17, emerg. eff.

March 19, 2003; Laws 2004, c. 272, § 1, eff. Nov. 1, 2004; Laws

2004, c. 406, § 1, eff. July 1, 2004; Laws 2008, c. 46, § 1, eff.

Oklahoma Statutes - Title 22. Criminal Procedure

Nov. 1, 2008; Laws 2009, c. 2, § 7, emerg. eff. March 12, 2009; Laws

2012, c. 183, § 2, eff. Nov. 1, 2012; Laws 2014, c. 374, § 1, eff.

Nov. 1, 2014; Laws 2015, c. 397, § 2, eff. Nov. 1, 2015; Laws 2016,

c. 348, § 1, eff. Nov. 1, 2016; Laws 2018, c. 127, § 1, eff. Nov. 1,

2018; Laws 2019, c. 379, § 1, eff. Nov. 1, 2019; Laws 2019, c. 459,

§ 1, eff. Nov. 1, 2019; Laws 2022, c. 143, § 1, eff. Nov. 1, 2022;

Laws 2024, c. 259, § 1, eff. Nov. 1, 2024.

NOTE: Laws 2002, c. 460, § 14 repealed by Laws 2003, c. 3, § 18,

emerg. eff. March 19, 2003. Laws 2008, c. 75, § 1 repealed by Laws

2009, c. 2, § 8, emerg. eff. March 12, 2009.

NOTE: Laws 2022, c. 143, § 1 was purportedly repealed by Laws 2024,

c. 452, § 13 but without reference to Laws 2024, c. 259, § 1, which

amended it.