Records relating to a conviction for which the person was subsequently determined to be factually innocent by use of DNA evidence can be expunged by the court. 22 Okl. St. § 18(A)(3).
Ineligible Category or Citation
There is no statutory language regarding ineligible offenses.
The petition must be filed in the district court where the arrest information is located. For the specific procedure, see 22 Okl. St. § 19.
If an expungement is granted by the court, the court will order the reimbursement of all filing fees and court costs incurred by the petitioner as the result of filing the expungement request. 22 Okl. St. § 19(N).
"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.
The petition can be filed after establishment of the petitioner's factual innocence.