Overview Description

Records relating to a conviction that was dismissed or ordered dismissed following reversal by an appellate court can be expunged by the court. 22 Okl. St. § 18(A)(2).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the district court where arrest information is located. For the specific procedure, see 22 Okl. St. § 19.

Fees

There is no statutory language regarding fees.

Effect

"Expungement" means the sealing of criminal records, as well as any public civil record. 22 Okl. St. § 18(B). The person and criminal justice agencies can reply to inquiries that no official action against the person occurred and need not disclose any information in the sealed record. Employers, educational institutions, and other cannot require an applicant to disclose a sealed record, and the applicant can answer that no such action ever occurred. After 10 years, a sealed record can be obliterated or destroyed. 22 Okl. St. §§ 18, 19.

Waiting Periods

The petition can be filed upon reversal of conviction with instructions to dismiss or reversal of conviction and subsequent dismissal of the charge. 22 Okl. St. § 18(A)(2).

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