Okla. Stat. tit. 20 § 1005

Current through Laws 2024, c. 453.

Section 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 domestic-related 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;

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 five-year 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:

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.

Okla. Stat. tit. 20, § 1005

Amended by Laws 2021 , c. 294, s. 1, eff. 11/1/2021.

Added by Laws 1968, SB 494, c. 128, § 5; Amended by Laws 1976, HB 1955, c. 138, §1, emerg. eff. 7/1/1976; Amended by Laws 1995, HB 1105, c. 197, §2, emerg. eff. 5/19/1995; Amended by Laws 1997, SB 570, c. 400, §4, emerg. eff. 7/1/1997; Amended by Laws 2002 , SB 1456, c. 390, §1, emerg. eff. 6/4/2002; Amended by Laws 2003 , SB 776, c. 153, §2, eff. 11/1/2003; Amended by Laws 2005 , SB 477, c. 34, §1, eff. 11/1/2005.