Oklahoma uses Okla. Stat. tit. 10A, § 10A-2-5-213 for pardon by Governor. The statute says: “A. Upon the motion of a person who has been adjudicated and sentenced as a youthful offender and who has been subsequently transferred to the adult system pursuant to Section 10 of this act, with the recommendation of the sentencing court, the Governor may Oklahoma Statutes - Title 10A.” Okla. Stat. tit. 22, § 22-19a is the arrest-record petition. Okla. Stat. tit. 10A, § 10A-2-5-213 is the conviction petition.
Petitions the courts already decided
The State of Oklahoma, 61 O.B.A.J. 1800 (1990) is worth reading in full. The opinion puts it this way: “On March 28, 1990, defendant Thrash again petitioned the district court to expunge his criminal history records.”
In the Matter of the Expungement of the Record of Jeff Alan Buechler, 2007 Okla. Civ. App. LEXIS 99 (2007) is worth reading in full. The opinion puts it this way: “Buechler filed the instant petition March 6, 2006, approximately ten years after the trial court denied his original petition to seal and/or expunge his arrest records.”
D. a. v. State ex rel. Oklahoma State Bureau OF Investigation, 2018 OK 102 (2018) is worth reading in full. The opinion puts it this way: “The Oklahoma Drug Court Act in no way requires nor allows the expunction of the original criminal case file.27 Section 18 is the only source of a district court's authority to expunge criminal records like the ones at issue here, and that statute deems D.A. not yet eligible to seek expunction of…”
The petition and the sections next to it
Okla. Stat. tit. 22, § 22-18a deals with petition to Expunge Records and Order to Expunge Records. The statute says: “The following statutory forms of Petition to Expunge Records Pursuant to Title 22 O.S. Sections 18 and 19 and Order to Expunge Records Pursuant to Title 22 O.S.”
Oklahoma uses Okla. Stat. tit. 22, § 22-18v2 for expungement of records - Persons authorized. The statute says: “The conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction, or an appellate court Oklahoma Statutes - Title 22.”
Read Okla. Stat. tit. 22, § 22-18v1 when the issue is expungement of records - Persons authorized. The statute says: “A. Persons authorized to file a motion for expungement, as provided herein, must be within one of the following categories…”
When a different section applies
Oklahoma uses Okla. Stat. tit. 10A, § 10A-2-6-109 for expungement of juvenile court record. A juvenile record uses this section rather than the adult petition. The statute says: “A. A person or the child, or the parent, legal guardian or the attorney for the child, who is the subject of a juvenile court record may petition the district court in which the juvenile court record is located for an order to expunge the record pertaining to the person or the…”
Okla. Stat. tit. 22, § 22-19a deals with arrest or charge as result of identity theft - Expungement. The statute says: “Criminal Procedure Page 40 Notwithstanding any provision of Section 18 or 19 of Title 22 of the Oklahoma Statutes, when a charge is dismissed because the court finds that the defendant has been…”
Filing order
- Open Okla. Stat. tit. 10A, § 10A-2-5-213 and read the part on pardon by Governor. Everything else in the filing has to fit that section.
- Use Okla. Stat. tit. 22, § 22-18a for the mechanics. It is petition to Expunge Records and Order to Expunge Records, which is not the same question as whether the record qualifies.
- If the person was a juvenile, move to Okla. Stat. tit. 10A, § 10A-2-6-109 instead of forcing the case into the adult section.
- Then read The State of Oklahoma, 61 O.B.A.J. 1800 (1990). That is a Oklahoma court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Oklahoma?
On pardon by Governor, the Oklahoma text is Okla. Stat. tit. 10A, § 10A-2-5-213. The statute says: “A. Upon the motion of a person who has been adjudicated and sentenced as a youthful offender and who has been subsequently transferred to the adult system pursuant to Section 10 of this act, with the recommendation of the sentencing court, the Governor may Oklahoma Statutes - Title 10A.” Okla. Stat. tit. 22, § 22-19a is the arrest-record petition. Okla. Stat. tit. 10A, § 10A-2-5-213 is the conviction petition.
Does Oklahoma use a different statute when the person was under eighteen?
Okla. Stat. tit. 10A, § 10A-2-6-109 deals with expungement of juvenile court record. A juvenile record uses this section rather than the adult petition. The statute says: “A. A person or the child, or the parent, legal guardian or the attorney for the child, who is the subject of a juvenile court record may petition the district court in which the juvenile court record is located for an order to expunge the record pertaining to the person or the…”
What does a Oklahoma petition have to contain?
On petition to Expunge Records and Order to Expunge Records, the Oklahoma text is Okla. Stat. tit. 22, § 22-18a. The statute says: “The following statutory forms of Petition to Expunge Records Pursuant to Title 22 O.S. Sections 18 and 19 and Order to Expunge Records Pursuant to Title 22 O.S.”
How have Oklahoma courts ruled on expungement?
The State of Oklahoma, 61 O.B.A.J. 1800 (1990) “On March 28, 1990, defendant Thrash again petitioned the district court to expunge his criminal history records.”
Nothing on this page is a prediction of how a Oklahoma judge will rule. Okla. Stat. tit. 10A, § 10A-2-5-213 is the text the petition has to satisfy.