Brassfield v. State

Summary

The Oklahoma Supreme Court held that an ongoing criminal investigation does not constitute a “pending” charge under 22 O.S. Supp. 2022, § 18(A) and that the prosecuting agency’s lack of jurisdiction satisfies the statutory requirement that the charge will not be refiled. Accordingly, the district court’s denial of Brassfield’s expungement petition was reversed and the case remanded for the district court to balance privacy harms against any public interest.