Overview Description

Records relating to a juvenile court matter that is not confidential by law can be expunged upon petition, so long as the person is at least 21 years old and not subject to a disqualifying event. 10A Okl. St. § 2-6-109(A).

Ineligible Category or Citation

The person is not eligible for expungement if the person has: (a) been arrested for any adult criminal offense; (b) a charge, indictment, or information filed or pending against the person; (c) been subject to a deferred prosecution or deferred sentence; (d) been convicted of any criminal offense; (e) not paid all court costs, restitution, or fines for all juvenile proceedings; or (f) not completed all court-ordered requirements for all juvenile proceedings. 10A Okl. St. § 2-6-109(A).

Procedure General

A person who is the subject of a juvenile court record that is not confidential as provided by law can petition the district court in which the juvenile court is located. 10A Okl. St. § 2-6-109(A).

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 can order the records, or any part thereof except basic identification information, to be expunged. If the court finds that neither expungement of the records nor maintaining of the records unsealed by the agency would serve the ends of justice, the court can enter an appropriate order limiting access to the records. 10A Okl. St. § 2-6-109(C).

For the specific procedure, see 10A Okl. St. § 2-6-109.

Fees

There is no statutory language regarding fees.

 

Effect

Upon the entry of an order to expunge any juvenile court record, or any part thereof, the subject official actions will be deemed never to have occurred, and the person in interest and all juvenile and criminal justice agencies can properly reply, upon any inquiry in the matter, that no such action ever occurred and that no such record exists. 10A Okl. St. § 2-6-109(D).

Any record ordered to be expunged will be sealed and, if not unsealed within ten years of the expungement order, can be obliterated or destroyed at the end of the ten-year period. 10A Okl. St. § 2-6-109(J).

For more information about the effect, see 10A Okl. St. § 2-6-109(F).

Waiting Periods

A petition can be filed if the person is at least 21 years of age.

(non-prod server)