Expungement in Oklahoma
In Oklahoma, a court can order that a criminal record or arrest record be removed from public view. When a record is expunged, it is marked as non-existent and cannot be used against an individual in the future. The record may not be used for any other public purpose than impeachment and false character proceedings. Expunged records do not simply vanish. They are instead removed from the court clerk’s office and are no longer available in the main filing area. The individual’s name is removed from the docket sheet, the public charging files are removed, and the forms are indexed into confidential files. All records related to arresting files will no longer be accessible via Internet databases or the courthouse computer system. When the individual’s name is searched, it will not reveal any of the deleted material but may reveal information about the case. If all payments have been made, the individual’s name will only be listed as the payment provider.
Expungement of Oklahoma Records
The Oklahoma State Bureau of Investigation does not destroy records that have been expunged. The arrest records will be kept in the criminal history file in their entirety. Arrest dispositions will also remain in the hands of the Oklahoma State Bureau of Investigation. The public cannot fully access this information, but different aspects of the arrest record and disposition are possible. A guilty plea to larceny can be changed to a not guilty plea and the case dismissed. A petition must be filed under Section 22 of Oklahoma laws eighteen and nineteen in order for all information in the State Bureau of Investigation to be expunged.
Oklahoma Eligibility for Expungement
Oklahoma only allows the expungement of certain records and has strict guidelines in place. After the sentence has been deferred, pleas of no contest and guilty may be eligible for expunction. With the exception of a court waiver of prohibition, those convicted of felony offenses are not eligible for expungement under Section 22. In Oklahoma, those who plead nolo contendere or guilty to sexual offenses and are required to register as sex offenders are also ineligible for record expungement.
Expungement is also possible for those who have been acquitted; had their conviction reversed and later dismissed by an appellate court; had factual innocence proven through DNA; been fully pardoned by the Governor; had charges dismissed after one year or on merits; had the statute of limitations expire with no charges filed; received a full pardon due to being under the age of eighteen at the time of the crime’s occurrence; Most juvenile records are expungable once the individual reaches the age of twenty-one.