Oklahoma § 22-471.9 - Successful completion of program

§ 22-471.9. Successful completion of program

A. When an offender has successfully completed the drug court

program, the criminal case against the offender shall be:

Oklahoma Statutes - Title 22. Criminal Procedure

1. Dismissed or the sentence deferred for a period not to

exceed two (2) years if the offense was a first felony offense; or

2. If the offender has a prior felony conviction, the

disposition shall be as specified in the written plea agreement.

B. The final disposition order for a drug court case shall be

filed with the judge assigned to the case, and shall indicate the

sentence specified in the written plea agreement. A copy of the

final disposition order for the drug court case shall also be filed

in the original criminal case file under the control of the court

clerk which is open to the public for inspection. Original criminal

case files which are under the control of the court clerk and which

are subsequently assigned to the drug court program shall be marked

with a pending notation until a final disposition order is entered

in the drug court case. After an offender completes the program,

the drug court case file shall be sealed by the judge and may be

destroyed after ten (10) years. The district attorney shall have

access to sealed drug court case files without a court order.

C. A record pertaining to an offense resulting in a successful

completion of a drug court program shall not, without the offender's

consent in writing, be used in any way which could result in the

denial of any employee benefit.

D. Successful completion of a drug court program shall not

prohibit any administrative agency from taking disciplinary action

against any licensee or from denying a license or privilege as may

be required by law.

E. When the offender has successfully completed the drug court

program, the drug court judge shall have the discretion to expressly

waive all or part of the court costs and fees, driver license

reinstatement fees, if applicable, and fines associated with the

criminal case if, in the opinion of the drug court judge, continued

payment of the court costs, fees and fines by the offender would

create a financial hardship for the offender, including specifically

the discretion to waive any requirement that fines and costs be

satisfied by a person prior to that person being eligible for a

provisional driver license pursuant to Section 6-212 of Title 47 of

the Oklahoma Statutes.

Added by Laws 1997, c. 359, § 10, eff. July 1, 1997. Amended by

Laws 2016, c. 393, § 2, eff. Nov. 1, 2016; Laws 2022, c. 256, § 1,

eff. Nov. 1, 2022.