Oklahoma § 20-1005 - Disposal or destruction of court records - Storage on

§ 20-1005. Disposal or destruction of court records - Storage on

microfilm, optical disc or other medium.

A. Unless there is an objection by the presiding administrative

judge or the chief judge of the district court, the court clerk is

authorized to dispose of the judicial records enumerated in this

subsection. Nothing shall prohibit the presiding administrative

judge or the chief judge of the district court from entering an

order for the destruction of records prior to the time limits

enumerated in this subsection for good cause shown. In the record

destruction process, any officer may rely upon computerized lists or

other electronic data provided by the Administrative Office of the

Courts or its OCIS/OSCN system. For purposes of determining the

time periods in this chapter, the officer may disregard entries or

actions taken in the subject cases, such as accounting, internal

electronic data or other nonjudicial entries. The judicial records

subject to disposal or destruction shall be:

1. Domestic relations cases. This shall include, but not be

limited to, cases filed concerning divorce, separate maintenance,

annulment, reciprocal actions for enforcement of support, child

custody, domestic abuse, foreign judgments in domestic relations

cases, income assignments relating to an order of support,

paternity, appeal on administrative order relating to support or

paternity, habeas corpus relating to children, and other domesticrelated filings:

a.

domestic relations cases that have been dismissed and

no pleading has been filed or any action taken in the

case for more than one (1) year,

b.

all domestic relations cases in which a minor child is

involved after a twenty-year period has elapsed since

any pleading has been filed or any action taken in the

case, and

c.

all domestic relations cases in which no minor child

is involved after a ten-year period has elapsed since

any pleading has been filed or any action taken in the

case;

Oklahoma Statutes - Title 20. Courts

2. Probate cases. This shall include, but not be limited to,

cases filed concerning the probating of estates, guardianships,

conservatorships, mental health, protective services to the elderly,

powers of attorney, and trusts:

a.

probate cases that have been dismissed and no pleading

has been filed or any action taken in the case for

more than one (1) year, and

b.

all probate cases after a twenty-year period has

elapsed since any pleading has been filed or any

action taken in the case;

3. Actions brought for money judgment only in which a dismissal

or release and satisfaction has been filed for more than one (1)

year;

4. Civil records of cases:

a.

civil cases that have been dismissed and no pleading

has been filed or any action taken in the case for

more than one (1) year, and

b.

all other civil cases after a ten-year period has

elapsed since any pleading has been filed or any

action taken in the case;

5. Felony criminal records of unadjudicated cases and

adjudicated cases:

a.

felony criminal cases that have been dismissed and no

pleading or any action taken in the case for more than

one (1) year,

b.

felony criminal records of adjudicated cases after a

ten-year period has elapsed since any pleading has

been filed or any action taken in the case, and

c.

felony criminal records of adjudicated cases, where

the sentence imposed was death, life without parole,

or life, after a fifty-year period has elapsed since

any pleading has been filed or any action taken in the

case;

6. Misdemeanor records of unadjudicated cases and adjudicated

cases:

a.

misdemeanor cases that have been dismissed and no

pleading or any action taken in the case for more than

one (1) year, and

b.

misdemeanor records of adjudicated cases after a fiveyear period has elapsed since any pleading has been

filed or any action taken in the case;

7. Juvenile cases. This shall include, but not be limited to,

cases filed concerning delinquents, children in need of supervision,

deprived children, children in need of treatment, children in need

of shelter, and other related juvenile filings:

Oklahoma Statutes - Title 20. Courts

a.

juvenile cases that have been dismissed and no

pleading has been filed or any action taken in the

case for more than one (1) year, and

b.

all juvenile cases after a ten-year period has elapsed

since any pleading has been filed or any action taken

in the case; and

8. Protective orders:

a.

protective order cases that have been dismissed and no

pleading has been filed or any action taken in the

case for more than one (1) year, and

b.

protective order cases after a ten-year period has

elapsed since the protective order was issued.

B. The judicial records and the appearance docket books or

sheets on which they are entered, prior to their disposal or

destruction, shall be stored on at least two microfilm records,

optical discs or other appropriate medium and shall be available for

public use in the court clerk's office. The cost of the storage

medium and equipment for viewing and copying shall be paid out of

the court fund, upon approval by the Chief Justice of the Supreme

Court or the Court Clerk's Records Management and Preservation Fund

created pursuant to Section 31.3 of Title 28 of the Oklahoma

Statutes. Records reproduced from microfilm, optical disc, and

other media produced pursuant to the provisions of this section

shall be received in evidence and have the same legal efficacy as

the original.

C. Traffic cases. The court clerk of each district court shall

destroy the judicial records of traffic cases and the appearance

docket books or sheets on which they are entered after a five-year

period has elapsed since any pleading has been filed or any action

taken in the case, except in the case of a conviction for driving

under the influence of intoxicating liquor or any narcotic drug,

which records shall be destroyed after a ten-year period has elapsed

since any pleading has been filed or any action taken in the case.

D. Records of criminal property cases brought pursuant to

Section 1321 et seq. of Title 22 of the Oklahoma Statutes shall be

subject to disposal or destruction after a two-year period has

elapsed since any pleading has been filed or any action taken in the

case.

Added by Laws 1970, c. 210, § 1, eff. Jan. 1, 1971. Amended by Laws

1972, c. 66, § 1, emerg. eff. March 28, 1972; Laws 1978, c. 23, § 1,

eff. Oct. 1, 1978; Laws 1980, c. 61, § 1; Laws 1984, c. 20, § 1,

eff. Nov. 1, 1984; Laws 1985, c. 154, § 1, emerg. eff. June 11,

1985; Laws 1993, c. 87, § 1, eff. Sept. 1, 1993; Laws 1995, c. 197,

§ 2, emerg. eff. May 19, 1995; Laws 1997, c. 400, § 4, eff. July 1,

1997; Laws 2002, c. 390, § 1, emerg. eff. June 4, 2002; Laws 2003,

c. 153, § 2, eff. Nov. 1, 2003; Laws 2005, c. 34, § 1, eff. Nov. 1,

2005; Laws 2021, c. 294, § 1, eff. Nov. 1, 2021.

Oklahoma Statutes - Title 20. Courts