Okla. Stat. tit. 22, § 18
Expungement of Criminal Records
Effective Mar 19, 2003Laws 1987, HB 1153, c. 87, § 1, emerg. eff. May 14, 1987; Amended by Laws 1992, SB 843, c. 151, § 1, eff. September 1, 1992; Amended by Laws 1997, SB 440, c. 397, § 1, emerg. eff. June 10, 1997 (superseded document available); Amended by Laws 2000, SB 1496, c. 382, § 9, emerg. eff. July 1, 2000 (superseded document available); Amended by Laws 2002, SB 1536, c. 460, § 14, eff. November 1, 2002; Amended by Laws 2002, HB 2790, c. 475, § 1 (repealed by Laws 2003, HB 1816, c. 3, § 18, emerg. eff. March 19, 2003) (superseded document available); Amended by Laws 2003, HB 1816, c. 3, § 17, emerg. eff. March 19, 2003 (superseded document available).
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;
- 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; or
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.
For purposes of this act, "expungement" shall mean the sealing of criminal records.
Laws 1987, HB 1153, c. 87, § 1, emerg. eff. May 14, 1987; Amended by Laws 1992, SB 843, c. 151, § 1, eff. September 1, 1992; Amended by Laws 1997, SB 440, c. 397, § 1, emerg. eff. June 10, 1997 (superseded document available); Amended by Laws 2000, SB 1496, c. 382, § 9, emerg. eff. July 1, 2000 (superseded document available); Amended by Laws 2002, SB 1536, c. 460, § 14, eff. November 1, 2002; Amended by Laws 2002, HB 2790, c. 475, § 1 (repealed by Laws 2003, HB 1816, c. 3, § 18, emerg. eff. March 19, 2003) (superseded document available); Amended by Laws 2003, HB 1816, c. 3, § 17, emerg. eff. March 19, 2003 (superseded document available).