Kevin D. Adams, Attorney at Law
Home
Cases in the News
Legal Information
Ask me a Question
Links
About Kevin Adams
Contact Information
 

 

Expungments 

The purpose of this webpage is to provide current information about the expungement of court and other agency records relating to the arrest and prosecution of certain felony and misdemeanor crimes in Oklahoma.  Below I have listed an article publisehed in the Oklahoma Bar Association's Bar Journal by Edward D. Hasbrook. You should read the statutes and the cases cited below in determining whether you, if you intend to represent yourself or your client are entitled to Petition for expungement of records under the pertinent statutes. 

 Expungement: The Second-Chance Statute

By

Edward D. Hasbrook

Vol. 66 – No. 29 07/29/95

 

(The following contains excepts from Mr. Hasbrooks article.)

 

            One enigma of the law is that it symbolically allows a bell be “unrung” while another allows a person to have a second change at having no arrest and/or court record.  The bell, which is usually a misstatement of testimony and/or evidence at trial, is unrung by Judicial Admonishment, while arrest and/or court records are sealed and deemed to have been never occurred through expungement proceedings. Unlike simply giving an instruction, expungement is a unique blend of criminal and civil procedure and is often confusing.  * * *

 

            Significant to the understanding of expungment is the realization that expunged records are sealed and not destroyed.  Moreover, the empowering statutes further provide that expunged records may be unsealed upon petition and after court hearing where “there is a compelling reason to unseal the records.”  Finally, it should be recognized that even sealed records may be used at “any hearing or trial for the purpose of impeaching the credibility of a witness or as evidence of character of a witness or as evidence of character testimony pursuant to Section 2608 of Title 12 of the Oklahoma Statutes.”

 

OVERVIEW OF EXPUNGEMENT AUTHORITY

 

            There are four (4) specific expungement statutes encompassing three (3) areas of state law where expungement is authorized. The first area is a general provision that applies to law enforcement and court records, the second concerns court records after the successful completion of a deferred sentence, and the third and last area is limited to the court records after completion of probation for certain first-time illegal drug violations  The threshold issue is therefore, resolves to and is controlled by the nature of the records for which expungmente is sought.

 

*  *  *

 

Oklahoma Statutes

 

 

Title 22 O.S. § 18

Effective 11/01/04

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 district attorney subsequently dismissed the charge;

3. The factual innocence of the person was established by the use of deoxyribonucleic acid (DNA) evidence subsequent to conviction;

4. 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 or charges are dismissed within one (1) year of the arrest, or all charges are dismissed on the merits;

5. The statute of limitations on the offense had expired and no charges were filed;

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 offense was a misdemeanor, the person has not been convicted of any other misdemeanor or felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the judgment was entered;

8. The offense was a nonviolent felony, as defined in Section 571 of Title 57 of the Oklahoma Statutes, the person has received a full pardon for the offense, the person has not been convicted of any other misdemeanor or felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the conviction; or

9. 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.

For purposes of this act, "expungement" shall mean the sealing of criminal records. Records expunged pursuant to paragraph 9 of this section shall be sealed to the public but not to law enforcement agencies for law enforcement purposes.

 Title 22 O.S. §19

Effective August 23, 2002

 PROCEDURE FOR SEALING RECORDS

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. Upon the filing of a petition or entering of a court order, the court shall set a date for a hearing and shall provide thirty (30) days of notice of the hearing to the district attorney, 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.

C. 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 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 district attorney, the arresting agency, or the Oklahoma State Bureau of Investigation to the Oklahoma Supreme Court in accordance with the rules of the Oklahoma 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.

D. Upon the entry of an 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.

E. 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.

F. 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.

G. All arrest and criminal records information existing prior to the effective date of this section, except basic identification information, is also subject to sealing in accordance with subsection C of this section.

H. Nothing in this section shall be construed to authorize the physical destruction of any criminal justice records.

I. 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.

J. For the purposes of this act, district court index reference of sealed material shall be destroyed, removed or obliterated.

K. Any record ordered to be sealed pursuant to Section 1 et seq. of this title, if not unsealed within ten (10) years of the expungement order, may be obliterated or destroyed at the end of the ten-year period.

L. Subsequent to records being sealed as provided herein, the district attorney, the arresting agency, the Oklahoma State Bureau of Investigation, or other interested person or agency may petition the court for an order unsealing said records. Upon filing of a petition the court shall set a date for hearing, which hearing may be closed at the court's discretion, and shall provide thirty (30) days' 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.

M. 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.

Editor’s Note:  Expungement means sealing criminal records.  To qualify for possible expungement, a person must satisfy one of the specific statutory categories in order to qualify to petition for expungement. It should be noted that only qualifies for the right to petition.  The District Attorney on behalf of the Sheriff, the OSBI and/or the arresting agency have the right to object to the relief sought by the Petitioner.

          A petition (motion) for expungement may be filed in the original action or may be filed as a miscellaneous action where the petitioner seeks to have arrest records expunged based upon the failure of the prosecutor to file charges. The petition or motion must be served, preferably by certified mail, on:

1.                 the district attorney;

2.                 the arresting agency; and

3.                 the OSBI , 6600 N. Harvey, Ste. 300, Oklahoma City, OK 73116-7912
phone: 405.848.6724); and

4.                  any other person or agency whom the court has reason to believe may have relevant information related to the sealing of such record.

 

Some court now require that petitioners for expungement file their petitions as miscellaneous actions. The filing fee is $110.00.  In addition, the OSBI now requires the payment of a $150 fee to expungement its records per the order of a court.

22 O.S. § 991(c)

 

Effective November 1, 2002, the following statute will take effect and apply to deferred sentences:

A. Upon a verdict or plea of guilty or upon a plea of nolo contendere, but before a judgment of guilt, the court may, without entering a judgment of guilt and with the consent of the defendant, defer further proceedings upon the specific conditions prescribed by the court not to exceed a five-year period. The court shall first consider restitution among the various conditions it may prescribe. The court may also consider ordering the defendant to:

1. Pay court costs;

2. Pay an assessment in lieu of any fine authorized by law for the offense;

3. Pay any other assessment or cost authorized by law;

4. Engage in a term of community service without compensation, according to a schedule consistent with the employment and family responsibilities of the defendant;

5. County jail confinement for a period not to exceed ninety (90) days or the maximum amount of jail time provided for the offense, if it is less than ninety (90) days;

6. Pay an amount as reimbursement for reasonable attorney fee, to be paid into the court fund, if a court-appointed attorney has been provided to defendant;

7. Be supervised in the community for a period not to exceed two (2) years. As a condition of any supervision, the defendant shall be required to pay a supervision fee of Forty Dollars ($40.00) per month. The supervision fee shall be waived in whole or part by the supervisory agency when the accused is indigent. No person shall be denied supervision based solely on the person's inability to pay a fee;

8. Pay into the court fund a monthly amount not exceeding Forty Dollars ($40.00) per month during any period during which the proceedings are deferred when the defendant is not to be supervised in the community. The total amount to be paid into the court fund shall be established by the court and shall not exceed the amount of the maximum fine authorized by law for the offense;

9. Make other reparations to the community or victim as required and deemed appropriate by the court;

10. Order any conditions which can be imposed for a suspended sentence pursuant to paragraph 1 of subsection A of Section 991a of this title; or

11. Any combination of the above provisions.

B. In addition to any conditions of supervision provided for in subsection A of this section, the court shall, in the case of a person before the court for the offense of operating or being in control of a motor vehicle while the person was under the influence of alcohol, other intoxicating substance, or a combination of alcohol and another intoxicating substance, or who is before the court for the offense of operating a motor vehicle while the ability of the person to operate such vehicle was impaired due to the consumption of alcohol, require the person to participate in an alcohol and drug substance abuse evaluation program offered by a facility or qualified practitioner certified by the Department of Mental Health and Substance Abuse Services for the purpose of evaluating the receptivity to treatment and prognosis of the person. The court shall order the person to reimburse the facility or qualified practitioner for the evaluation. The Department of Mental Health and Substance Abuse Services shall establish a fee schedule, based upon a person's ability to pay, provided the fee for an evaluation shall not exceed Seventy-five Dollars ($75.00). The evaluation shall be conducted at a certified facility, the office of a qualified practitioner or at another location as ordered by the court. The facility or qualified practitioner shall, within seventy-two (72) hours from the time the person is assessed, submit a written report to the court for the purpose of assisting the court in its determination of conditions for deferred sentence. No person, agency or facility operating an alcohol and drug substance abuse evaluation program certified by the Department of Mental Health and Substance Abuse Services shall solicit or refer any person evaluated pursuant to this subsection for any treatment program or alcohol and drug substance abuse service in which the person, agency or facility has a vested interest; however, this provision shall not be construed to prohibit the court from ordering participation in or any person from voluntarily utilizing a treatment program or alcohol and drug substance abuse service offered by such person, agency or facility. Any evaluation report submitted to the court pursuant to this subsection shall be handled in a manner which will keep the report confidential from the general public's review. Nothing contained in this subsection shall be construed to prohibit the court from ordering judgment and sentence in the event the defendant fails or refuses to comply with an order of the court to obtain the evaluation required by this subsection. As used in this subsection, "qualified practitioner" means a person with at least a bachelor's degree in substance abuse treatment, mental health or a related health care field and at least two (2) years' experience in providing alcohol abuse treatment, other drug abuse treatment, or both alcohol and other drug abuse treatment who is certified each year by the Department of Mental Health and Substance Abuse Services to provide these assessments. However, any person who does not meet the requirements for a qualified practitioner as defined herein, but who has been previously certified by the Department of Mental Health and Substance Abuse Services to provide alcohol or drug treatment or assessments, shall be considered a qualified practitioner provided all education, experience and certification requirements stated herein are met by September 1, 1995. The court may also require the person to participate in one or both of the following:

1. An alcohol and drug substance abuse course, pursuant to Sections 3-452 and 3-453 of Title 43A of the Oklahoma Statutes; and

2. A victims impact panel program, if such a program is offered in the county where the judgment is rendered. The defendant shall be required to pay a fee, not less than Five Dollars ($5.00) nor more than Fifteen Dollars ($15.00) as set by the governing authority of the program and approved by the court, to the victims impact panel program to offset the cost of participation by the defendant, if in the opinion of the court the defendant has the ability to pay such fee.

C. Upon completion of the conditions of the deferred judgment, and upon a finding by the court that the conditions have been met and all fines, fees, and monetary assessments have been paid as ordered, the defendant shall be discharged without a court judgment of guilt, and the court shall order the verdict or plea of guilty or plea of nolo contendere to be expunged from the record and the charge shall be dismissed with prejudice to any further action. The procedure to expunge the defendant's record shall be as follows:

1. All references to the defendant's name shall be deleted from the docket sheet;

2. The public index of the filing of the charge shall be expunged by deletion, mark-out or obliteration;

3. Upon expungement, the court clerk shall keep a separate confidential index of case numbers and names of defendants which have been obliterated pursuant to the provisions of this section;

4. No information concerning the confidential file shall be revealed or released, except upon written order of a judge of the district court; and

5. Defendants qualifying under Section 18 of this title may petition the court to have the filing of the indictment and the dismissal expunged from the public index and docket sheet. This section shall not be mutually exclusive of Section 18 of this title.

D. Upon order of the court, the provisions of subsection C of this section shall be retroactive.

E. Upon violation of any condition of the deferred judgment, the court may enter a judgment of guilt and proceed as provided in Section 991a of this title or may modify any condition imposed. Provided, however, if the deferred judgment is for a felony offense, and the defendant commits another felony offense, the defendant shall not be allowed bail pending appeal.

F. The deferred judgment procedure described in this section shall not apply to defendants who have been previously convicted of a felony offense.

Provided, the court may waive this prohibition upon written application of the district attorney. Both the application and the waiver shall be made a part of the record of the case.

G. The deferred judgment procedure described in this section shall not apply to defendants found guilty or who plead guilty or nolo contendere to a sex offense required by law to register pursuant to the Sex Offenders Registration Act.

          Any person who successfully completes a deferred judgment procedure is entitled to have the judgment of guilt, verdict, plea of guilty or plea of nolo contender expunged from the record pursuant to Section 991(c) of Title 22.

          Expungement pursuant to §991(c) is limited to court records.  It does not authorize the expungement of arrest records. This issues was squarely added in State of Okalahoma v. Freeman

            On May 5, 2005, the Oklahoma Supreme Court held in IN RE ADOPTION OF SUPREME COURT RULES FOR EXPUNGEMENT OF RECORDS that the following Supreme Court rules have been added in response to the legislative amendment Title 19 O.S. § 19(C)”:

“Part IX. EXPUNGEMENT OF RECORDS”

“Rule 1.260. Expungement of Records”

Persons who have obtained an order of expungement from a district court, pursuant to Title 22, Sections 18 and 19, may seek expungement of related civil appellate records in this Court for retained cases as well as those that stand or stood assigned to the Oklahoma Court of Civil Appeals. Those persons who seek a district court's expungement by appeal or writ may seek this court's order directing the clerk to keep certain materials sealed pending the outcome of the case.”

“Rule 1.261. Application for Expungement

“A party desiring expungement of appellate records must file an Application for Expungement with the Clerk of this Court. The Application shall state (1) the category under which the person was qualified to seek expungement in the district court, as set forth in Title 22, Section 18; and (2) the date the district court entered the order of expungement and the scope of that order. A certified copy of the party's motion for expungement and of the district court's order granting the motion shall be filed with the Application for Expungement.”

“Rule 1.262. Inspection of Expunged Appellate Records”

“Inspection of expunged appellate records may thereafter be permitted only by order of this Court.”

“For purposes of this section, appellate records ordered expunged shall not be physically destroyed. See Title 22, Section 19.”

63 O.S. §2-410

Whenever any person who has not previously been convicted of any offense under this act or under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled dangerous substance under Section 63-2-402, the court may, without entering a judgment of guilt and with the consent of such person, defer further proceedings and place him on probation upon such reasonable terms and conditions as it may require including the requirement that such person cooperate in a treatment and rehabilitation program of a state-supported or state-approved facility, if available. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge such person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this section may occur only once with respect to any person.

Any expunged arrest or conviction shall not thereafter be regarded as an arrest or conviction for purposes of employment, civil rights, or any statute, regulation, license, questionnaire or any other public or private purpose; provided, that, any such plea of guilty or finding of guilt shall constitute a conviction of the offense for the purpose of this act or any other criminal statute under which the existence of a prior conviction is relevant.

CASES

In Michael J. Howrey v. State of Oklahoma, 2002 OK CR 22, the Oklahoma Court of Criminal Appeals held that Howrey, who was arrested in Delaware County on September 16, 1993 for "Indecent Exposure" and "Soliciting a Minor for Sex" but who was charge with indecent exposure and two counts of obscene, threatening, or harassing telephone calls was statutorily eligible to seek expungement of his arrest record because no charges were filed on what the officer listed as the reason for the arrest.

In C.J. Knight v. State of Oklahoma, 2002 OK CR 19, the Oklahoma Court of Criminal Appeals also held that a person who has lost on his or her first petition for expungement, having followed the procedures outlined in the statutes and in our only case addressing this issue, Hoover v. State, 2001 OK CR 16, 29 P.3d 591,2 must allege and support by affidavit or similar proof a change of circumstances in his second or subsequent expungement petition in order to make a prima facie showing of harm, which may then be rebutted by the State. That change of circumstances must address some new "harm to privacy of the person in interest or dangers of unwarranted adverse consequences" not previously litigated. 22 O.S.Supp.1999, § 19 (C).3

In Michael Scott Hoover v. Stat of Oklahoma, 2001 OK CR 16 the Oklahoma Court of Criminal Appeals reversed the trial court’s denial of the relief sought because it failed to consider ether whether the State had met its burden, requiring a showing that the public interest in keeping records did not harm the privacy interests and served the ends of justice. This case also held that appeal to the Court of Criminal Appeals is the proper procedure.

In State of Oklahoma v. McMahon, 1998 OK CIV APP 103 that the plain purpose of sections 18 and 19 is to afford special relief in the form of a full or partial sealing of records relating to a person's involvement or suspected involvement in a crime. It is clearly intended to aid those who are acquitted, exonerated, or who otherwise deserve a second chance at a "clean record." It is doubtful that the legislature intended expungement to be used by "career criminals" to conceal or withdraw portions of their criminal record from law enforcement and the public, or to improve their evaluation status while under incarceration.

 

FREQUENTLY ASKED QUESTIONS

1.                 If I am arrested and not charged, can I petition for expungement?  Yes, if the statute of limitations has expired. No, it is has been less than two years.

2.                 If I am charged and the charges are dismissed within one year?  Yes

3.                 If I am tried and acquitted? Yes.

4.                 If I am tried and convicted of a felony, I was under 18-years-of-age at the time of the conviction and I have received a full pardon?  Yes.

5.                 Am I entitled to seek expungement if I was convicted of a felony and have never been pardoned?  No.

6.                 I was convicted, plead guilty and plead nolo contendere, was placed on a deferred sentence by the court and successfully completed all of the conditions placed on me by the court and the court records were expunged. May I seek expungement of the arrest records relating to the charge?  Yes.

7.                 If I was over 18-years-of-age, I was tried and convicted of a felony, I have been pardoned, I have had no other convictions and it has been more than 10 years since I was convicted?  Yes

8.                 If I have been convicted of more than one misdemeanor?  No.

9.                 If I have been convicted of only one misdemeanor, there are no charges pending against me and it has been more than 10 years since I was convicted?  Yes.

10.             If I was convicted but the conviction was reversed and the District Attorney dismissed the charges?  Yes

11.             I was convicted and the Court of Criminal Appeals instructed the District Court to dismiss the charges? Yes

12.             If I have the right to seek expungement, is the Court obligated to grant the relief that I seek?  Not necessarily.  If the district attorney, arresting agency or the State of Oklahoma object to the expungement, the Court will conduct a hearing an decide if the objecting agency’s interest in keeping the records outweighs your privacy interests.

13.             Does a court have to order all records expunged? No. A court may issue an order granting or denying the petition as to all arrest and court records or limited portions of those records.  For example, the District Attorney’s records are not accessible to the public and the court typically do not order district attorneys to expunge their internal records.

14.             How much notice am I required to give to the district attorney, arresting agency and/or OSBI? Thirty days notice of the expungement hearing is required by the statute.

15.             Can I represent myself?  Yes.

16.             What do I need to do? Non-lawyers seeking to represent themselves should file the Petition with the Court Clerk and take a copy of the file stamped Petition and the proposed order to the Minute Clerk for the assigned district judge.  The Court Clerk should direct you to the appropriate judge’s office. Present a file stamped copy to the clerk along with a copy of the  form of the proposed order.  If the judge is available, he or she may select a date and sign the order on the spot. If the judge is not available, you may need to leave a copy of the Petition and the proposed order with the clerk for the judge’s signature.  Unless specifically directed to do otherwise by the clerk, you will need to return and pickup the order for filing.  After the order is filed with the clerk, you need to immediately cause a file stamped copy of the Petition and the Order to be served by hand delivery or certified mail on all interested parties.

17.             What happens if there is not objection by the DA, OSBI or the arresting agency? Assuming that there is no objection to the relief sought by any agency served with the Petition, the Petitioner or Petitioner’s attorney and the attorneys for the agencies involved will fashion a form of agreed order that will be presented to the judge for signature.

18.              What is the effect of an expungement? An order granting an expungement causes the underlying incident to be deemed never to have occurred. 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. A successful expungement does not, however, require law enforcement agencies to seal “basic identification information.”

 

 

Oklahoma Pardons

 

An Application for Pardon Consideration is attached, along with an information sheet.  It is important that all items on the Application be answered and returned to the address listed below.  The information you provide will help you to present yourself as a responsible and productive citizen.  The Pardon and Parole Board will review this information in making a decision on your application.  The process take approximately six months to complete.

 

If you live in the state of Oklahoma, a Probation and Parole Officer of the Department of Corrections will conduct the investigation.  You should be completely open and honest with the investigating Officer. Information you might consider negative will not necessarily hurt your application.  It may serve to show how you were able to overcome a problem and actually improve your chances of receiving a Pardon. 

 

If you live in another state, information will be requested from authorities in your home state regarding your current employment and living arrangements.  A local criminal record check will also be requested. 

 

After the investigation is completed and returned to our office, your Application will be submitted to the Pardon and Parole Board for their consideration on the next available docket (the Board meets once each month).  If you receive a favorable recommendation from a majority of the Board members, that recommendation will be forwarded to the Governor’s office for a final decision. You will be notified in writing of the Board’s recommendation and the Governor’s decision.  Please note the process takes approximately six months to complete.

 

The Pardon and Parole Board will accept a credit report from any reputable Credit Reporting agency.

 

 

 

Please contact this office by mail or telephone if you have any questions.

 

Send the completed Application package to:

 

General Counsel

Attn: Pardons

4040 N. Lincoln Blvd., Suite 219

Oklahoma City, Oklahoma  73105-5221

 

Phone:  (405) 427-8601, ext. 228
PARDON INFORMATION

 

In order for a Pardon to be effective, it must include all Oklahoma District Court felony and misdemeanor convictions, and District Court traffic convictions, which involved drugs or alcohol.  If you have cases, which have been pardoned before, these do not need to be included in your application. The Governor of the state of Oklahoma cannot pardon Federal cases or convictions from another state.

 

Under Oklahoma law, a Pardon will not clear your record.  It does not prevent your criminal record from being considered when decisions are made concerning employment or other matters.  Even if you are granted a pardon, your record may continue to affect you. A person who was under 18 years old at the time his or her offense was committed and who has received a pardon may seek to have their record expunged, see 22 O.S. § 18(5).

 

Any person convicted of a nonviolent felony that has received a pardon for the offense and has not been convicted of any other misdemeanor or felony and has no felony or misdemeanor charges pending, may after ten (10) years have passed (since the conviction) file a motion for expungement, see 22 O.S. § 18(7).

 

From the time a complete application is received by our office, it usually takes between 90 and 120 days for consideration by the Pardon and Parole Board.  Applications from person residing in a state other than Oklahoma usually take about 30 days longer.  The Board’s recommendation must be approved by the Governor for a pardon to be granted. The Governor is given 90 days to make a decision.

 

The effects of a Pardon listed below concern Oklahoma law (this is a partial list, if you have a specific question feel free to contact our office).  If you reside in another state, the effects may be different.

 

EMPLOYMENT

 

Many professions require licenses.  The licensing agency for each profession operates under different laws and policies.  Some agencies will not issue you a license even if you are pardoned, some will consider you only if you receive a pardon, and others do not require a pardon.

 

If you are considering applying for a pardon in order to obtain a particular type of employment or a license, you should first check with the employer or licensing agency to see if it would be helpful to do so.

 

Even if you receive a pardon, you must still answer “Yes” if asked if you have been convicted of a felony or misdemeanor on an employment application.  You can add however, that you have been pardoned.  A pardon does not remove the conviction from your record.

 


LIQUOR LICENSES

 

To be eligible for a liquor license, you must be pardoned on ALL felonies (Oklahoma, other states and Federal). You must also be pardoned on all alcohol-related District Court misdemeanor convictions from Oklahoma and any other state.  Your spouse, partner, partner’s spouse, employees, corporate officers, and directors cannot legally obtain a liquor license if you have not been pardoned.

 

VOTING AND JURY DUTY

 

If you receive a Pardon you will be allowed to register to vote.  However, without a pardon you cannot vote for a period equal to the length of your sentence. For example, if you were convicted and given a two-year sentence on January 1, 2000, you cannot vote until January 1, 2002.  For more information contact the State Election Board at (405) 521-2391.

 

To serve on a jury, you must be qualified to vote.

 

HOLDING PUBLIC OFFICE

 

If you have been convicted of any felony (or misdemeanor involving embezzlement), you cannot seek or hold any state, county or city office (including school board offices) for 15 years after the completion of your sentence unless you have received a pardon.  For more information contact the State Election Board at (405) 521-2391.  Your city or town may also have other regulations regarding eligibility to hold office.

 

PROPERTY RIGHTS

 

A felony conviction does not prevent your from owning property, with one exception.  A person convicted of Murder First Degree, Murder Second Degree, or Manslaughter First Degree cannot inherit property from the victim nor receive proceeds from the victim’s insurance.  A pardon will not change this.

 

FIREARMS

 

Any person that has been convicted of a nonviolent felony and who has received a full and complete pardon is eligible to possess a firearm, pursuant to 21 O.S. Supp. 2000, § 1283(B).  It is not possible for a person convicted of a violent felony to possess a firearm, even with a pardon (see 21 O.S. Supp. 2000, § 1283(A)).

 

There may be Federal laws that apply to you. For more information contact the Bureau of Alcohol, Tobacco, and Firearms, which is a division of the U.S. Department of the Treasury.


FUTURE FELONY CONVICTION

 

A pardon will not prevent prior convictions from being considered if you are later convicted of a felony.  Your previous record may be used in the sentencing process even if the offense has been pardoned.

 

WHY SHOULD I APPLY?

 

A pardon has little direct effect under Oklahoma law.  However, it can be useful in helping you to present yourself as a responsible citizen. A pardon serves as recognition that you have adjusted well to society since completing your sentence.

 

IN ORDER TO QUALIFY FOR CONSIDERATION YOU MUST MEET THE FOLLOWING CONDITIONS:

 

1.                 You have been convicted of a violation of Oklahoma law, either a felony or a misdemeanor.

2.                 No pending charges.

3.                 Not currently in jail or prison.

4.                 You must have discharged all sentences, successfully completed parole or a suspended sentence, OR completed five years under supervision on the current case(s).

5.                 You cannot have been considered or investigated for a pardon within the past six months.

 

For more information concerning pardons and the pardon process, contact:

 

General Counsel

Attn: Pardons

4040 N. Lincoln Blvd., Suite 219

Oklahoma City, Oklahoma  73105-5221

 

(405) 427-8601, extension 228

 

 

 

 

PPB   004-10A

                                                                                                                                                                         (8/97)

 

                                    APPLICATION FOR PARDON CONSIDERATION

                                                     (Please type or print the information below in ink)

 

 

NAME                                                  RACE             SEX             DATE OF BIRTH                   

              (As indicated on judgment and sentence)

 

DOC #                     

 

HOME ADDRESS                                                                                 PHONE  (       )                   

 

CITY                                                                       STATE                     ZIP CODE                       

 

EMPLOYER                                                                DATE OF EMPLOYMENT                          

 

WORK ADDRESS                                                                                            PHONE (       )

 

CITY                                                                       STATE                     ZIP CODE                       

 

DRIVER=S LICENSE #                                          STATE                     ZIP CODE                      

 

SOCIAL SECURITY # (optional)                                         

 

REASON FOR APPLYING                                                                                                               

 

A pardon must include all Oklahoma District Court felony and misdemeanor convictions, and all district court traffic convictions, which involved drugs or alcohol. List all convictions below. A CERTIFIED COPY OF THE JUDGMENT AND SENTENCE ON EACH CASE MUST BE ATTACHED TO YOUR APPLICATION. Certified copies can be obtained from the court clerk in the county in which you were convicted. SEE THE LAST PAGE OF THIS APPLICATION FOR OTHER NECESSARY DOCUMENTS AND INFORMATION.

 

CONVICTIONS  (Attach another sheet if more space is needed. Follow the format below)

 

 

County

 

Case Number

 

Crime

 

Sentence

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PLEASE PROVIDE A BRIEF DESCRIPTION OF THE ABOVE OFFENSE(S)

(Attach another sheet if more space is needed)

 

ADDRESSES FOR PAST FIVE YEARS:

(Attach another sheet if more space is needed. Follow the format below)

 

 

Street Address

 

City

 

State

 

Dates

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EMPLOYMENT FOR PAST FIVE YEARS:

(Attach another sheet if more space is needed. Follow the format below)

 

 

Employer

 

City

 

State

 

Dates

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LEVEL OF EDUCATION                                                                                                                  

 

COMMENTS                                                                                                                                      

 

   

 

 

 

                                            

 

 

I understand that the Oklahoma Department of Corrections or its designated agent will investigate this application. I agree to make myself available upon request for the purposes of the investigation. I agree to provide requested information concerning my personal affairs. I understand that a complete review of my criminal record will be included. I authorize the investigating officer to conduct all required investigations and to contact any person who may have knowledge of my activities and me. I understand that this request will be canceled if I do not cooperate. I also understand that a pardon will not remove convictions from my record.

 

This information is necessary to provide a complete picture of your character and stability. All requested items must be included or accounted for under COMMENTS for your application to be investigated. You may also submit letters of reference or other documents, which you believe, may help your application. You may want to obtain more than one copy of any document you submit in case your application is denied and you want to reapply.

 

 

Signature of Applicant

 

Date

 

_____________________________

 

 

 

THE FOLLOWING MUST BE SENT IN WITH YOUR APPLICATION:

 

1.      Application forms (this form.)

2.      Certified judgment and sentence on each conviction (obtainable from the court clerk in the county of conviction; the copies submitted MUST BEAR the county seal.)

3.      Current credit report (obtainable from credit bureau.)

4.      Proof of employment and income (current check stub or letter from employer; if you are not employed,        please note this under COMMENTS and explain.)

5.      Proof of residence (current receipt for rent or mortgage payment; if you are not making rent or mortgage payments, please note this under COMMENTS and explain.)

6.      Certified statement from the county court clerk that all fines, court costs, and restitution have been paid.       (Statement MUST BEAR the county seal.)

7.      Copies of documents on any marriages, divorces, or child custody actions in the past five years.

 

 

 

 

 

FORMS

 

The following form is a representative example of an order which might be acceptable to all parties concerned. Naturally, there can be many variations in the form and content of the orders which will need to be resolved by the parties with or without the involvement of the court.

 

IN THE DISTRICT COURT OF TULSA COUNTY

STATE OF OKLAHOMA

 

STATE OF OKLAHOMA,                           )

                                                                        )

                                    Plaintiff,                      )

                                                                        )

vs.                                                                   )           Case No.:

                                                                        )

(Insert Petitioner’s Name Here)                   )

                                                                        )

                                    Defendant.                  )

 

PETITION FOR EXPUNGEMENT OF RECORD

 

            Petitioner, (Insert Defendant’s Name), petitions this Court for an Order of Expungement of any and all records pursuant to Title 22 O.S. § 19 which allows “the sealing of all or any part of the record, except for basic identification information.

1.                  On or about (insert the date of arrest of defendant), Petitionerl was arrested by (insert the names of the arresting agency, e.g. Tulsa Police Department) and charged with the following crime(s):  (inserted a description of each count of the indictment or information, e.g. assault with a dangerous weapon).

2.                  On (insert date, e.g. September 22, 1998), (insert a description of what happened to the charges, e.g. the state dismissed the charges, the defendant was given a deferred sentence by the District Court, etc.

3.                  According to 22 O.S. § 18, a defendant is entitled to have the records expunged under the circumstances described above.

4.                  Therefore, Petitioner is entitled to have any record of the charges made expunged so that Petitioner need not mention them as part of Petitioner’s criminal record and may truthfully say “no such action has ever occurred” in accordance with 22 O.S. § 19.

Wherefore, Petitioner requests that the Court Clerk for (insert county name) County, the (insert the name of the law enforcement agency which made the arrest and charge), the (insert the name of the county) County Sheriff’s Office, and the Oklahoma State Bureau of Investigation expunge the criminal and arrest files relating to Petitioner as follows: (describe the crimes that Petitioner was charged with which Petitioner is seeking the expungement), with notice to all interested parties including the District Attorney.

                                                            Respectfully submitted,

 

                                                            ____________________________

                                                            (insert name, address and telephone     

                                                            number of attorney or petitioner if

                                                            filing without an attorney)

 

CERTIFICATE OF SERVICE

 

            I hereby certify that on the ________ day of ____________________, 200___,

I caused a true and correct copy of this document to be delivered via U.S. First Class Mail, with proper postage fully pre-paid thereon, to the following:

 

Oklahoma State Bureau of Investigation

Attn:  Legal Department

6600 North Haney

Oklahoma City, OK 73116-7912

 

(Add the name and address to the District Attorney and all law enforcement agencies that have records that need to be expunged.)

 

 

 

                                                                                    ______________________________

(Insert the name of the person mailing the document.)

 

 

 

 

 

 


IN THE DISTRICT COURT OF TULSA COUNTY

STATE OF OKLAHOMA

 

STATE OF OKLAHOMA,                           )

                                                                        )

                                    Plaintiff,                      )

                                                                        )

vs.                                                                   )           Case No.:

                                                                        )

(Insert Petitioner’s Name Here)                   )

                                                                        )

                                    Defendant.                  )

 

ORDER FOR HEARING ON PETITION FOR EXPUNGMENT OF RECORDS

 

            Now on this __________ day of ___________________________, 200______,  it is hereby ordered that Petitioner’s Petition for Expungement of Records is set for hearing at least 30 days from the date of filing pursuant to 22 O.S. § 19, on the ____________ day of _______________________, 200______, at ____________ o’clock, ____ .m. in court room ______________.

 

                                                                        ___________________________________

                                                                        JUDGE OF THE DISTRICT COURT


 

 

 

IN THE DISTRICT COURT OF TULSA COUNTY

STATE OF OKLAHOMA

 

STATE OF OKLAHOMA,                           )

                                                                        )

                                    Plaintiff,                      )

                                                                        )

vs.                                                                   )           Case No.:

                                                                        )

(Insert Petitioner’s Name Here)                   )

                                                                        )

                                    Defendant.                  )

 

ORDER EXPUNGING AND SEALING CRIMINAL RECORDS

 

            Now on this ____________ day of ____________________________, 200____, this action comes before this Court on Petitioner’s Petition for Expungement of Records.  The Court, after having received briefs and having conducted a hearing, finds that Petitioner’s Petition for relief pursuant to 22 O.S. §§ 18 and 19, and that the criminal records of the Petitioner should be expunged and sealed with regard to the public records and public access to the records relating to the charges filed in this cause.

            IT IS THEREFORE ORDERED by this Court that Petitioner’s Petition for Expungement is granted with regard to the sealing and expunging thereof from all souces, including, but not limited to public access databases, public logs or other record keeping mechanisms which are accessible to the public. This order shall not apply to the internal records of the Oklahoma State Bureau of Investigation, the internal records of the Tulsa District Attorney’s Office, the Internal records of the (insert name of the arresting law enforcement agency), or the internal records of the (insert county name) County Sheriff’s Office.

            IT IS FURTHER ORDERED by the Court that this order shall become effective immediately upon filing with the (insert county name) Court Clerk and all city, state and county agency’s given notice of these proceedings in accordance with Title 22 are hereby ordered and directed to seal the criminal records of Petitioner with regard to any information presently available to the public concerning any aspect of the cause upon receipt of a certified copy of this Order.

 

                                                                        __________________________________

                                                                        JUDGE OF THE DISTRICT COURT

 

Approved at to form and content

 

______________________________

Name of Petitioner or Attorney

Address of Petitioner or Attorney

Telephone Number

 

 

______________________________

Name of OSBI Attorney

6600 North Haney

Oklahoma City, OK 73116-7912

405-

 

______________________________

Name of Assistant District Attorney Representing DA, Court Clerk and Sheriff

Address

Telephone Number

 

______________________________

Name of Attorney Representing any City Police Department

Address

Telephone Number

If there is no objection to the relief sought by the Petitioner, the district attorney will file something like this document.  If there is an objection, the reason for the objection will be stated in the pleading.

 

IN THE DISTRICT COURT FOR TULSA COUNTY

            STATE OF OKLAHOMA

 

THE STATE OF OKLAHOMA,                        )

Plaintiff,                                                    )

                                                                              )

v.                                                                           )     Case No.

                                                                              )    

Defendant’s Names                                            )                            

                                                                              )    

Defendant.                                               )

 

 

                       COUNTY DISTRICT ATTORNEY'S ENTRY OF APPEARANCE,

COUNTY SHERIFF’S ENTRY OF APPEARANCE,

               AND RESPONSES TO DEFENDANT’S MOTION FOR EXPUNGEMENT

(Insert County Name) County District Attorney (Insert Name) and County Sheriff (Insert Name), by and through their attorney of record (Insert Name), Assistant District Attorney, hereby enter their appearances and respond to the MOTION FOR EXPUNGEMENT entered in the above styled cases by lodging no objection nor lending support to the expungement in accordance with 22 O.S. §§ 18 and 19.

The (Insert Name) County Sheriff will expunge his records regarding the above matter upon receiving a certified copy of a court order authorizing expunction.

Respectfully submitted,

(INSERT NAME)

DISTRICT ATTORNEY

 

(INSERT NAME)

(INSERT NAME) COUNTY SHERIFF

 

By:       _________________________

(Insert Name) OBA #

Assistant District Attorney

Insert Address and Telephone No.

                                                                                   

CERTIFICATE OF MAILING

 

 

 

I hereby certify that on the ______ day of ___________________, 20____, I mailed a true, correct, and exact copy of the above and foregoing to:

 

Insert name and address

Attorney for Petitioner

 

 

Insert Name

Oklahoma State Bureau of Investigation

6600 N. Harvey, Ste. 300

Oklahoma City, OK  73116

 

 

Insert Name and address of attorney representing arresting agency.

 

 

 

_________________________________

                                                                        Insert Name of Person Mailing Document

 

 

 

 

 

 

 

 

 

Home | Cases in the News | Legal Information| Commonly Asked Questions
Ask me a Question | Links | About Kevin Adams | Contact Information

Tulsa Criminal Defense Lawyer: Kevin D. Adams

Disclaimer: Kevin D. Adams only provides legal advice after having entered into an attorney client relationship, which this website specifically does not create. Only after having entered into a representation agreement with Kevin D. Adams will an attorney-client relationship have been created. It is imperative that any action taken by you should be done on advice of legal counsel.* Because every case is different, the descriptions of outcomes and cases previously handled are not meant to be a guarantee of success.

Copyright ©2007 Kevin D. Adams

Legal Information brought to you by Tulsa, Oklahoma Criminal Defense Lawyer Kevin Adams

 

   
 
  Photograph of desk and legal papers