{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-2-6-109","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-2-6-109","heading":"Expungement of juvenile court record","body":"A. A person or the child, or the parent, legal guardian or the\n\nattorney for the child, who is the subject of a juvenile court\n\nrecord may petition the district court in which the juvenile court\n\nrecord is located for an order to expunge the record pertaining to\n\nthe person or the child.\n\nB. The petition for expungement may be filed either as an oral\n\nor written petition for an order to expunge the record pertaining to\n\nthe child at the time the case is before the court for a final\n\nreview of the ordered disposition pursuant to Section 2-2-503 of\n\nthis title or at any time after an informal adjustment agreement has\n\nbeen successfully completed pursuant to Section 2-2-104 of this\n\ntitle; provided:\n\n1. The person or child has successfully completed the informal\n\nadjustment agreement, the deferred adjudication, or a period of\n\nprobation or custody with a juvenile bureau or the Office of\n\nJuvenile Affairs and the case of the person or child is being, or\n\nhas been, dismissed by the court or the court is closing the case\n\ndue to lack of jurisdiction upon the person or child reaching\n\neighteen (18) years of age or nineteen (19) years of age if\n\njurisdiction of the court was previously extended by the court\n\npursuant to Section 2-7-504 of this title;\n\n2. The person or child has not been arrested for any adult\n\ncriminal offense and no charge, indictment, or information has been\n\nfiled or is pending against the person or child at the time of the\n\npetition for an expungement; and\n\n3. All court costs, restitution, fines and other court-ordered\n\nrequirements have been completed for the informal adjustment or the\n\njuvenile proceedings.\n\nC. After November 1, 2021, any person who has attained eighteen\n\n(18) years of age or older and has successfully completed an\n\ninformal adjustment agreement, a deferred adjudication, or a period\n\nof probation or custody with a juvenile bureau or the Office of\n\nJuvenile Affairs, and whose case has previously been dismissed, may\n\npetition the court for an order of expungement. In order to be\n\neligible for an order of expungement, the person must have satisfied\n\nthe requirements of paragraphs 1, 2 and 3 of subsection B of this\n\nsection.\n\nD. For the purposes of this section, the term \"expunge\" or\n\n\"expungement\" shall mean the sealing of juvenile court records.\n\nE. 1. If an adjudication, deferred adjudication, or informal\n\nadjustment of a person or child is being dismissed or has been\n\ndismissed, then upon the receipt of an oral or written petition of\n\nthe person, the child, or other authorized person, the court may, if\n\nthe state does not object, grant the expungement if the court finds\n\nthat the harm to privacy of the person or the child in interest or\n\ndangers of unwarranted adverse consequences outweigh the public\n\ninterest in retaining the records.\n\n2. If the court grants the expungement, it shall issue a\n\nwritten order to any law enforcement agency over which the court has\n\njurisdiction to expunge all files and records pertaining to the\n\narrest or adjudication of the person or child and shall order the\n\nclerk of the court to expunge the entire file and record of the\n\ncase, including docket sheets, index entries, court records,\n\nsummonses, warrants or records in the office of the clerk or which\n\nhave been produced by a law enforcement agency in which the name of\n\nthe person or the child is mentioned. The court may order probation\n\nofficers and counselors of a juvenile bureau or the Office of\n\nJuvenile Affairs to expunge all records, reports and social and\n\nclinical studies relating to the person or the child that are in the\n\npossession of a juvenile bureau or the Office of Juvenile Affairs,\n\nexcept when the documents are necessary to maintain state or federal\n\nfunding.\n\n3. Members of the judiciary, district attorneys, the person or\n\nthe child, counsel for the person or the child, employees of\ne Affairs to expunge all records, reports and social and\n\nclinical studies relating to the person or the child that are in the\n\npossession of a juvenile bureau or the Office of Juvenile Affairs,\n\nexcept when the documents are necessary to maintain state or federal\n\nfunding.\n\n3. Members of the judiciary, district attorneys, the person or\n\nthe child, counsel for the person or the child, employees of\n\njuvenile bureaus and the Office of Juvenile Affairs who are assigned\n\njuvenile court intake responsibilities, and the Department of\n\nCorrections may access records that have been expunged pursuant to\n\nthis subsection without a court order for the purpose of determining\n\nwhether to dismiss an action, seek a voluntary probation, file a\n\npetition or information, or for purposes of sentencing or placement\n\nin a case where the person or child who is the subject of the sealed\n\nrecord is alleged to have committed a subsequent juvenile delinquent\n\nact, a youthful offender act, or any adult criminal offense.\n\nProvided, any record sealed pursuant to this section shall be\n\nordered unsealed upon application of the prosecuting agency when\n\nsaid records are requested for use in any subsequent juvenile\n\ndelinquent, youthful offender or adult prosecution.\n\nF. If the state objected to an oral petition for expungement,\n\nthe court shall allow the person or the child, or counsel for the\n\nperson or child, to file a written petition for the expungement of\n\nthe juvenile court records. Upon the filing of a petition for\n\nexpungement of a juvenile court record, the court shall set a date\n\nfor a hearing, which hearing may be closed at the court's\n\ndiscretion, and shall provide a thirty (30) days' notice of the\n\nhearing to the district attorney, the Office of Juvenile Affairs,\n\nthe Oklahoma State Bureau of Investigation, and any other person or\n\nagency whom the court has reason to believe may have relevant\n\ninformation related to the expungement of any record.\n\nG. Upon a finding that the harm to privacy of the person or\n\nchild in interest or dangers of unwarranted adverse consequences\n\noutweigh the public interest in retaining the records, the court\n\nshall order the records to be expunged. Any order entered pursuant\n\nto the provisions of this subsection shall specify those agencies to\n\nwhich the court order shall apply.\n\nH. Upon the entry of an order to expunge any juvenile court\n\nrecord, or any part thereof, the subject official actions shall be\n\ndeemed never to have occurred, and the person or the child in\n\ninterest and all juvenile and criminal justice agencies may properly\n\nreply, upon any inquiry in the matter, that no such action ever\n\noccurred and that no such record exists with respect to the person\n\nor the child.\n\nI. When an order of expungement is issued by the court pursuant\n\nto this section, the court shall require counsel for the person or\n\nthe child to prepare a written order of expungement which shall be\n\nsigned by the court and filed in the clerk's office of the district\n\ncourt in which the juvenile court record is located. Copies of the\n\norder of expungement shall be provided or mailed to the person or\n\nthe child, as well as the parent or legal guardian of the child, the\n\nprosecuting attorney, the law enforcement agency or agencies that\n\ninvestigated the case, the detention or jail in which the person or\n\nthe child was incarcerated, the juvenile bureau, the Office of\n\nJuvenile Affairs, and the Oklahoma State Bureau of Investigation\n\ndirecting the entity to expunge the juvenile court records in its\n\ncustody as directed in the order.\n\nJ. Employers, educational institutions, landlords, state and\n\nlocal government agencies, officials, and employees shall not, in\n\nany application or interview or in any other way, require an\n\napplicant to disclose any information contained in any expunged\n\njuvenile court records. An applicant need not, in answer to any\nto expunge the juvenile court records in its\n\ncustody as directed in the order.\n\nJ. Employers, educational institutions, landlords, state and\n\nlocal government agencies, officials, and employees shall not, in\n\nany application or interview or in any other way, require an\n\napplicant to disclose any information contained in any expunged\n\njuvenile court records. An applicant need not, in answer to any\n\nquestion concerning arrest, juvenile and criminal records, provide\n\ninformation that has been expunged, including any reference to or\n\ninformation concerning expungement and may state that no such action\n\nhas ever occurred. Such an application may not be denied solely\n\nbecause of the applicant's refusal to disclose information that has\n\nbeen expunged.\n\nK. Nothing in this section shall be construed to authorize the\n\nphysical destruction of any juvenile records.\n\nL. For the purposes of this section, expunged materials which\n\nare recorded in the same document as unsealed material may be\n\nrecorded in a separate document, and sealed, then obliterated in the\n\noriginal document.\n\nM. For the purposes of this act, district court index reference\n\nof sealed material shall be destroyed, removed or obliterated.\n\nN. Any record ordered to be expunged pursuant to this section\n\nshall be sealed and, if not unsealed within ten (10) years of the\n\nexpungement order, may be obliterated or destroyed at the end of the\n\nten-year period.\n\nO. Subsequent to records being sealed as provided herein, the\n\ndistrict attorney, the Office of Juvenile Affairs, the Oklahoma\n\nState Bureau of Investigation, or other interested person or agency\n\nmay petition the court for an order unsealing any records. Upon\n\nfiling of a petition, the court shall set a date for hearing, which\n\nhearing may be closed at the court's discretion, and shall provide\n\nthirty (30) days' notice to all interested parties. If, upon\n\nhearing, the court determines there has been a change of conditions\n\nor that there is a compelling reason to unseal the records, the\n\ncourt may order all or a portion of the records unsealed.\n\nP. Nothing herein shall prohibit the introduction of evidence\n\nregarding actions sealed pursuant to the provisions of this section\n\nat any hearing or trial for purposes of impeaching the credibility\n\nof a witness or as evidence of character testimony pursuant to\n\nSection 2608 of Title 12 of the Oklahoma Statutes.\n\nQ. A person who has attained eighteen (18) years of age or\n\nolder may petition the district or municipal court in which the\n\njuvenile court record is located for an order to expunge the record\n\npertaining to matters involving truancy provided the person has met\n\nthe criteria set forth in paragraphs 1 through 3 of subsection B of\n\nthis section. The petition shall be reviewed by the district or\n\nmunicipal judge with primary responsibility over the juvenile court\n\ndocket.","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":"ce67133a82593e4c28a42d49d8b14f698c94ec30bbc4381dd303d3c69302289e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-2-6-108","next":"us-ok/okla.-stat.-tit.-10a-10a-2-6-110"},"notice":"GroundRules: Original legal text. Not legal advice."}