Okla. Stat. tit. 22 § 18a

Current through Laws 2024, c. 453.

Section 18a - Petition to Expunge Records and Order to Expunge Records

The following statutory forms of Petition to Expunge Records Pursuant to Title 22 O.S. Sections 18 and 19 and Order to Expunge Records Pursuant to Title 22 O.S. Sections 18 and 19, as authorized by Section 1 of this act, may be utilized for persons seeking an expungement of records under the provisions of paragraph 15 of subsection A of Section 18 of Title 22 of the Oklahoma Statutes:

IN THE DISTRICT COURT OF __________________________________________COUNTY STATE OF OKLAHOMA

______________________________, Petitioner,	) ) ) ) ) )
vs.	)	Case No. ______________________
______________________________)
THE STATE OF OKLAHOMA,	) ) ) ) ) ) ) ) )
Respondent.	)

PETITION TO EXPUNGE RECORDS

PURSUANT TO TITLE 22 O.S. SECTIONS 18 AND 19

COMES NOW, the Petitioner and respectfully moves this Court to expunge the criminal history records of the Petitioner pursuant to paragraph 15 of subsection A of Section 18 and Section 19 of Title 22 of the Oklahoma Statutes.

PETITIONER INFORMATION:

__________________________________________________________________________________

(Last name) (First name) (Middle name)

___________________________________________________________________________________

(Address)

___________________________________________________________________

(Phone Number)

____________________________

(Date of Birth)

____________________________

(Social Security Number)

____________________________

CRIMINAL CASE INFORMATION:

Name and Address of Arresting Agency:

____________________________

Date of Arrest:

____________________________

____________________________

____________________________

Name and Address of Other Agency:

____________________________ ____________________________

(List any state or local government agency that has a record of your case.)

____________________________ ____________________________

____________________________ ____________________________

Case Number to be Expunged:____________________________

Charge to be Expunged:_________________________________

* Information on your criminal case may be found at www.oscn.net.

I, the above-named Petitioner, hereby petition this Court for an expungement of criminal records pursuant to paragraph 15 of subsection A of Section 18 of Title 22 of the Oklahoma Statutes and certify as follows:

1. In this court of the county named above, I was charged and convicted of a nonviolent felony offense not listed in Section 571 of Title 57 of the Oklahoma Statutes;

2. That the nonviolent felony offense I was charged and convicted of has been reclassified as a misdemeanor offense under Oklahoma law;

3. That I am not currently serving a sentence for a crime in this state or another state;

4. At least thirty (30) days have passed since either the completion of my sentence or the commutation of my sentence for the crime that was reclassified as a misdemeanor;

5. That all restitution (if any) ordered by the court to be paid by me in this case has been satisfied in full;

6. That I have successfully completed any and all treatment program(s) ordered by the court, successfully completed an accelerated or revoked sentence or successfully completed a treatment program at a later date; and

7. That the harm to the Petitioner's privacy or danger of unwarranted adverse consequences outweighs the public's interest in retaining said records. I declare under penalty of perjury that the statements made herein are true and correct to the best of my knowledge, information and belief.

____________________________ _____________________________

Date Signature of Petitioner Name (Print): ________________

IN THE DISTRICT COURT OF _____________________________ COUNTY STATE OF OKLAHOMA

__________________________, Petitioner,	) ) ) ) ) )
vs.	)	Case No. __________________________
______________________________)
THE STATE OF OKLAHOMA,	) ) ) ) ) ) ) ) )
Respondent.	)

ORDER TO EXPUNGE RECORDS

PURSUANT TO TITLE 22 O.S. SECTIONS 18 AND 19

NOW on this ___________day of ________________________________, 20______, after consideration of the Petition to Expunge Records Pursuant to Title 22 O.S. Sections 18 and 19, presented by ___________________________________, it is so ORDERED that:

[ ] The Petition is hereby GRANTED. The Petitioner qualifies for an expungement of records pursuant to paragraph 15 of subsection A of Section 18 of Title 22 of the Oklahoma Statutes. The Court finds that the harm to the Petitioner's privacy or danger of unwarranted adverse consequences outweighs the public's interest in retaining said records. The Court further finds that the law enforcement agencies listed in the Petition to Expunge Records shall seal all of the court, arrest and criminal history records of the Petitioner pursuant to the provisions of Section 19 of Title 22 of the Oklahoma Statutes. Upon the entry of this 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. 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. 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.

[ ] The Petition is hereby DENIED.

IT IS SO ORDERED.

JUDGE OF THE DISTRICT COURT

______________________________

Okla. Stat. tit. 22, § 18a

Added by Laws 2019 , c. 459, s. 2, eff. 11/1/2019.