{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-2-5-210a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-2-5-210A","heading":"Motion for transfer to custody or supervision of","body":"Department of Corrections – Adult conviction - Expungement.\n\nA. 1. Whenever the district attorney or the Office of Juvenile\n\nAffairs (OJA) believes that a youthful offender in the custody or\n\nsupervision of OJA should be transferred to the custody or\n\nsupervision of the Department of Corrections, the district attorney\n\nor OJA may file a motion requesting such transfer and the court\n\nshall set the motion for hearing. Notice of the motion and hearing\n\nshall be given to the youthful offender, the youthful offender's\n\ncounsel, the parent or guardian of the youthful offender, and either\n\nthe district attorney or OJA. OJA may make recommendations to the\n\ncourt concerning the transfer of a youthful offender to the\n\nDepartment of Corrections.\n\n2. The Court may order the youthful offender transferred to the\n\ncustody or supervision of the Department of Corrections only if the\n\ncourt finds by clear and convincing evidence that the youthful\n\noffender has:\n\na. failed to make substantial progress towards completing\n\nthe treatment plan which the youthful offender is\n\nexpected to have achieved,\n\nb. established a pattern of disruptive behavior which is\n\nnot conducive to the established policies and\n\nprocedures of the program or facility or engaged in\n\nother types of behavior which has endangered the life\n\nor health of other residents or staff of the facility,\n\nc. caused disruption in the facility, smuggled contraband\n\ninto the facility, or participated or assisted others\n\nin smuggling contraband into the facility,\n\nd. committed battery or assault and battery on an OJA\n\nemployee or contractor of a juvenile facility,\n\ne. committed battery, assault and battery, or endangered\n\nthe life or health of another person,\n\nf. committed a felony while in the custody or supervision\n\nof OJA as demonstrated by:\n\n(1) the entry of a plea of guilty or nolo contendere,\n\n(2) an adjudication, or a judgment and sentence\n\nfollowing a verdict of guilty, or\n\n(3) clear and convincing evidence, or\n\ng. left a facility in which the youthful offender was\n\nbeing held without permission.\n\nThe court, in its decision to transfer custody of the youthful\n\noffender to the custody of the Department of Corrections, shall\n\nissue a written order and make detailed findings of fact and\n\nconclusions of law addressing the grounds alleged in the motion of\n\nthe district attorney or OJA.\n\nB. An order transferring custody of a youthful offender to the\n\nDepartment of Corrections shall be deemed an adult conviction and\n\nshall be recorded as such in the court records and criminal history\n\nrecords of the offender. Such order shall be a final order,\n\nappealable when entered. In addition to a judgment and sentence for\n\nan adult conviction, the court shall provide to the Department of\n\nCorrections a detailed memorandum or historical statement of the\n\nYouthful Offender Act as applied to the offender being transferred\n\nto the Department of Corrections including the date of the offense,\n\nthe date of the adjudication as a youthful offender, the date of the\n\nfiling of the motion to transfer custody of the offender to the\n\nadult criminal system, and the date of the imposition of the adult\n\nsentence.\n\nC. The court shall grant time-served credits against the adult\n\nsentence imposed for any youthful offender transferred to the\n\nDepartment of Corrections. For the purpose of calculating time\n\nserved to be applied toward any sentence imposed upon a youthful\n\noffender, in the event a youthful offender has been placed in the\n\ncustody or supervision of the Office of Juvenile Affairs, the\n\noffender shall receive day-for-day credit for the time spent in the\n\ncustody or under the supervision of the Office of Juvenile Affairs.\n\nUpon commitment to the Department of Corrections, a youthful\n\noffender shall also receive other credits as provided by law for an\n\nadult inmate.\n\nD. 1. If the court dismissed the youthful offender case, the\nor supervision of the Office of Juvenile Affairs, the\n\noffender shall receive day-for-day credit for the time spent in the\n\ncustody or under the supervision of the Office of Juvenile Affairs.\n\nUpon commitment to the Department of Corrections, a youthful\n\noffender shall also receive other credits as provided by law for an\n\nadult inmate.\n\nD. 1. If the court dismissed the youthful offender case, the\n\nperson may file a motion to expunge the plea and the youthful\n\noffender adjudication and sentence from the record.\n\n2. The court, after hearing the motion, and any objections, may\n\ngrant the expungement of the youthful offender's record as provided\n\nby the procedures in subsection D of Section 991c of Title 22 of the\n\nOklahoma Statutes, if the court finds that the youthful offender has\n\nreasonably completed the rehabilitation plan, that the expungement\n\nis in the best interest of the youthful offender, and that such\n\ndismissal will not jeopardize public safety.\n\n3. The court, after hearing the motion and any objections, may\n\norder the expungement of all files and records over which the court\n\nhas jurisdiction pertaining to the arrest and adjudication of the\n\nformer youthful offender, and shall order the clerk of the court to\n\nexpunge the entire file and record of the case or any files produced\n\nor created by a law enforcement agency in which the name of the\n\nformer youthful offender is mentioned. The court may order the\n\nOffice of Juvenile Affairs to expunge all records relating to the\n\nformer youthful offender that are in the possession of the Office of\n\nJuvenile Affairs, except when the documents are necessary to\n\nmaintain state or federal funding.\n\n4. An expungement requested under paragraph 1 of this\n\nsubsection may be granted regardless of any court action or inaction\n\nunder paragraph 2 of this subsection.\n\n5. Members of the judiciary, district attorneys, the youthful\n\noffender, counsel for the youthful offender, employees of juvenile\n\nbureaus and the Office of Juvenile Affairs who are assigned juvenile\n\ncourt intake responsibilities, and the Department of Corrections may\n\naccess records that have been expunged pursuant to this subsection\n\nwithout a court order for the purpose of determining whether to\n\ndismiss an action, seek a voluntary probation, file a petition or\n\ninformation, or for purposes of sentencing or placement in a case\n\nwhere the person who is the subject of the sealed record is alleged\n\nto have committed a subsequent youthful offender act, a juvenile\n\ndelinquent act, or any adult criminal offense. Provided, any record\n\nsealed pursuant to this section shall be ordered unsealed upon\n\napplication of the prosecuting agency when the records are requested\n\nfor use in any subsequent juvenile delinquent, youthful offender, or\n\nadult prosecution.\n\n6. As used in this subsection, \"expunge\" means the sealing of\n\ncriminal records.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"0e7d1023cf315f1dcb825a078920095a6cbe37ed658e4f1e4fd9f802afa106af","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-2-5-209a","next":"us-ok/okla.-stat.-tit.-10a-10a-2-5-211"},"notice":"GroundRules: Original legal text. Not legal advice."}