Overview Description

Records relating to a criminal offense may be expunged by the court upon acquittal or the expiration of the statute of limitations period without charges being filed. 22 Okl. St. § 18(A)(1) and (5).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the district court where the 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. Records expunged pursuant to section (A)(8) are sealed to the public but not to law enforcement agencies for law enforcement purposes and are available for any subsequent criminal prosecution. 22 Okl. St. § 18(B), (D). 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 acquittal or after the statute of limitations period has expired with no charges filed. 22 Okl. St. § 18(A)(1) and (5).

(non-prod server)