Oklahoma § 22-19 - Sealing and unsealing of records - Procedure

§ 22-19. Sealing and unsealing of records - Procedure

A. Any person qualified under Section 18 of this title may

petition the district court of the district in which the arrest

information pertaining to the person is located for the sealing of

all or any part of the record, except basic identification

information.

B. The process for the automatic expungement of a clean slate

eligible arrest record as defined in subsection C of Section 18 of

this title is as follows:

1. On a monthly basis, the Oklahoma State Bureau of

Investigation shall identify arrest records which are clean slate

eligible by conducting a search of the criminal history repository

records of the Bureau;

2. The Bureau shall, on a monthly basis, provide a list of

clean slate eligible arrest records to the prosecuting agency and

the arresting agency;

3. The prosecuting agency, arresting agency, and the Bureau

may, no later than forty-five (45) days from the day on which the

notice described in paragraph 2 of this subsection is transmitted,

object to an automatic expungement and such objection shall be

transmitted to all parties. An objection may be made for any of the

following reasons:

a.

after reviewing the agency record, the agency believes

the arrest record does not meet the definition of a

clean slate eligible arrest record,

b.

the individual has not paid court-ordered restitution

to the victim, or

c.

the agency has a reasonable belief, grounded in

supporting facts, that an individual with a clean

slate eligible arrest record is continuing to engage

in criminal activity, whether charged or not charged,

within or outside the state;

Oklahoma Statutes - Title 22. Criminal Procedure

4. If an agency identified in paragraph 3 of this subsection

objects for a reason described in paragraph 3 of this subsection

within forty-five (45) days of the day on which the notice described

in paragraph 2 of this subsection is transmitted, the record shall

not be expunged. Once a year, the Bureau shall electronically

submit a report to the Legislature with a list of all cases where a

record was not expunged pursuant to this paragraph; and

5. After forty-five (45) days pass from the day on which the

notice described in paragraph 2 of this subsection is sent, the

Bureau shall provide to the courts a list of all cases where

responses from all parties were received and no parties objected.

The court shall review this list and provide to all agencies that

have criminal history records a signed expungement order for all

cases approved. Upon receipt of a signed expungement order, each

agency shall seal the relevant records.

The Bureau and the Supreme Court may promulgate rules to govern

the process for automatic expungement of records for a clean slate

eligible arrest record in accordance with this subsection.

C. 1. Nothing in this section precludes an individual from

filing a petition for expungement of records that are eligible for

automatic expungement under subsection C of Section 18 of this title

if an automatic expungement has not occurred pursuant to subsection

B of this section.

2. An individual does not have a cause of action for damages as

a result of the failure of the Bureau to identify an arrest record

as eligible for automatic expungement.

D. An automatic expungement granted under subsection B of this

section does not preclude an individual from requesting the

unsealing of records in accordance with subsection P of this

section.

E. Upon the filing of a petition or entering of a court order

as prescribed in subsection A of this section, the court shall set a

date for a hearing and shall provide thirty (30) days of notice of

the hearing to the prosecuting agency, the arresting agency, the

Oklahoma State Bureau of Investigation, and any other person or

agency whom the court has reason to believe may have relevant

information related to the sealing of such record.

F. If a petitioner requests expungement for multiple offenses

in one county, each of which would qualify for expungement if

processed sequentially, the expungements may be considered under a

single petition. The petitioner shall not be required to submit

multiple petitions to accomplish the sequential sealing of multiple

offenses in a single county.

G. Upon a finding that the harm to privacy of the person in

interest or dangers of unwarranted adverse consequences outweigh the

public interest in retaining the records, the court may order such

records, or any part thereof except basic identification

Oklahoma Statutes - Title 22. Criminal Procedure

information, to be sealed. If the court finds that neither sealing

of the records nor maintaining of the records unsealed by the agency

would serve the ends of justice, the court may enter an appropriate

order limiting access to such records.

Any order entered under this subsection shall specify those

agencies to which such order shall apply. Any order entered

pursuant to this subsection may be appealed by the petitioner, the

prosecuting agency, the arresting agency, or the Oklahoma State

Bureau of Investigation to the Supreme Court in accordance with the

rules of the Supreme Court. In all such appeals, the Oklahoma State

Bureau of Investigation is a necessary party and must be given

notice of the appellate proceedings.

H. Upon the entry of an order to seal the records, or any part

thereof, or upon an automatic expungement described in subsection B

of this section, 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.

I. 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 prosecuting agency and only to those persons and

for such purposes named in such petition.

J. 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 refusal of the

applicant to disclose arrest and criminal records information that

has been sealed.

K. All arrest and criminal records information existing prior

to May 14, 1987, except basic identification information, is also

subject to sealing in accordance with subsection G of this section.

L. Nothing in this section shall be construed to authorize the

physical destruction of any criminal justice records.

M. For the purposes of this section, sealed materials which are

recorded in the same document as unsealed material may be recorded

in a separate document, and sealed, then obliterated in the original

document.

N. For the purposes of this section, district court index

reference of sealed material shall be destroyed, removed or

obliterated.

Oklahoma Statutes - Title 22. Criminal Procedure

O. Any record ordered to be sealed pursuant to this section, if

not unsealed within ten (10) years of the expungement order, may be

obliterated or destroyed at the end of the ten-year period.

P. Subsequent to records being sealed as provided herein, the

prosecuting agency, the arresting agency, the Oklahoma State Bureau

of Investigation, or other interested person or agency may petition

the court for an order unsealing such records. Upon filing of a

petition, the court shall set a date for hearing, which hearing may

be closed at the discretion of the court, and shall provide thirty

(30) days of notice to all interested parties. If, upon hearing,

the court determines there has been a change of conditions or that

there is a compelling reason to unseal the records, the court may

order all or a portion of the records unsealed.

Q. Nothing herein shall prohibit the introduction of evidence

regarding actions sealed pursuant to the provisions of this section

at any hearing or trial for purposes of impeaching the credibility

of a witness or as evidence of character testimony pursuant to

Section 2608 of Title 12 of the Oklahoma Statutes.

R. If a person qualifies for an expungement under the

provisions of paragraph 3 of subsection A of Section 18 of this

title and the petition for expungement is granted by the court, the

court shall order the reimbursement of all filing fees and court

costs incurred by the petitioner as a result of filing the

expungement request.

S. If a person qualifies for an expungement under the

provisions of paragraph 3 or 4 of subsection A of Section 18 of this

title, the person may request a hearing be set within thirty (30)

days after the date of filing the petition for expungement. The

court shall grant the request for the hearing and shall provide a

notice of no less than ten (10) days for said hearing to the

prosecuting agency, the arresting agency, the Oklahoma State Bureau

of Investigation, and any other person or agency whom the court has

reason to believe may have relevant information related to the

sealing of such record. Any order entered pursuant to the

provisions of this subsection shall be subject to the provisions of

subsections F through P of this section.

T. Any offense that has been expunged shall not be treated as a

prior offense in determining whether another offense qualifies for

an expungement under Section 18 of this title.

Added by Laws 1987, c. 87, § 2, emerg. eff. May 14, 1987. Amended

by Laws 1999, c. 234, § 1, eff. Nov. 1, 1999; Laws 2002, c. 475, §

2; Laws 2015, c. 178, § 1, eff. Nov. 1, 2015; Laws 2016, c. 348, §

2, eff. Nov. 1, 2016; Laws 2022, c. 143, § 2, eff. Nov. 1, 2022;

Laws 2024, c. 259, § 2, eff. Nov. 1, 2024; Laws 2025, c. 292, § 1.

§22-19a. Arrest or charge as result of identity theft - Expungement

on motion of court, district attorney or defendant.

Oklahoma Statutes - Title 22. Criminal Procedure

Notwithstanding any provision of Section 18 or 19 of Title 22 of

the Oklahoma Statutes, when a charge is dismissed because the court

finds that the defendant has been arrested or charged as a result of

the defendant’s name or other identification having been

appropriated or used without the defendant’s consent or

authorization by another person, the court dismissing the charge

may, upon motion of the district attorney or the defendant or upon

the court’s own motion, enter an order for expungement of law

enforcement and court records relating to the charge. The order

shall contain a statement that the dismissal and expungement are

ordered pursuant to this section. An order entered pursuant to this

section shall be subject to the provisions of subsections D through

M of Section 19 of Title 22 of the Oklahoma Statutes.

Added by Laws 2004, c. 406, § 2, eff. July 1, 2004.

§22-19b. Oklahoma Identity Theft Passport Program.

A. For purposes of protecting persons who are the victims of

identity theft, there is hereby created the “Oklahoma Identity Theft

Passport Program”. The Oklahoma State Bureau of Investigation

(OSBI) shall administer the Oklahoma Identity Theft Passport

Program, prescribe procedures and policies for issuing the identity

theft passport consistent with this act, and provide information to

law enforcement agencies explaining the program.

B. A person shall be eligible for an Oklahoma identity theft

passport if:

1. The person has obtained:

a.

an order for expungement and sealing of records

pursuant to Sections 18 and 19 of Title 22 of the

Oklahoma Statutes on grounds that 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

b.

an order for expungement and sealing of records

pursuant to Section 2 of this act from a court that

dismissed a charge against the person on such grounds;

or

2. The person has filed an identity theft report with a

federal, state, or local law enforcement agency and has submitted a

copy of the identity theft report and an identity theft affidavit

with supporting documentation to one or more consumer reporting

agencies. For purposes of this act, “identity theft report”,

“identity theft affidavit”, and “consumer reporting agency” shall be

defined as provided in The Fair Credit Report Act, 15 United States

Code, Section 1681 et seq.

Oklahoma Statutes - Title 22. Criminal Procedure

C. To apply for an identity theft passport the person shall

submit to the OSBI a certified copy of a court order for expungement

and sealing of records or copies of an identity theft report and

identity theft affidavit that have been filed and submitted to a

consumer reporting agency. The OSBI may prescribe other application

requirements as deemed necessary.

D. The OSBI shall issue the identity theft passport unless the

OSBI finds reasonable cause not to issue the identity theft

passport. The identity theft passport shall state whether the

identity theft passport is issued on the basis of an order for

expungement or an identity theft report and affidavit having been

submitted to the OSBI.

E. Upon issuance of an identity theft passport, the OSBI shall

notify the Department of Public Safety. The identity theft passport

shall be attached to any records maintained by the OSBI or the

Department of Public Safety, including criminal history records for

purposes of criminal background checks and law enforcement

telecommunications checks. The record of an identity theft passport

shall be sealed except to law enforcement authorities.

F. The OSBI shall maintain records of identity theft passport

requests and issuances and may provide such information to law

enforcement agencies upon request of an agency or officer. Such

records in the possession of the OSBI or other law enforcement

agencies and officers shall not be public records and shall not be

subject to the Oklahoma Open Records Act.

G. The OSBI may prescribe a reasonable fee for processing

applications for identify theft passports by administrative rule.

H. The OSBI shall design the identity theft passport, which may

include picture identification.

I. An identity theft passport shall be used only for law

enforcement purposes, including criminal background checks and

similar public safety purposes. Financial institutions and other

private entities are not required to honor an identity theft

passport as proof of identity or proof of identity theft.

Added by Laws 2004, c. 406, § 3, eff. July 1, 2004.

§22-19c. Arrest or charge as result of human trafficking –

Expungement on motion of court or defendant.

The court, upon its own motion or upon petition by the defendant

and for good cause shown, may enter an order for expungement of law

enforcement and court records relating to a charge or conviction for

a prostitution-related offense committed as a result of the

defendant having been a victim of human trafficking. The order

shall contain a statement that the expungement is ordered pursuant

to this section. An order entered pursuant to this section shall be

subject to the notice requirements and provisions of subsections B

through M of Section 19 of Title 22 of the Oklahoma Statutes.

Oklahoma Statutes - Title 22. Criminal Procedure

Records expunged pursuant to this section shall be sealed to the

public but not to law enforcement agencies for law enforcement

purposes.

Added by Laws 2013, c. 57, § 1, eff. Nov. 1, 2013.