{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-18v2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-18v2","heading":"Expungement of records - Persons authorized","body":"A. Persons authorized to file a motion for expungement, as\n\nprovided herein, must be within one of the following categories:\n\n1. The person has been acquitted;\n\n2. The conviction was reversed with instructions to dismiss by\n\nan appellate court of competent jurisdiction, or an appellate court\n\nof competent jurisdiction reversed the conviction and the\n\nprosecuting agency subsequently dismissed the charge;\n\n3. The factual innocence of the person was established by the\n\nuse of deoxyribonucleic acid (DNA) evidence subsequent to\n\nconviction, including a person who has been released from prison at\n\nthe time innocence was established;\n\n4. The person has received a full pardon by the Governor for\n\nthe crime for which the person was sentenced;\n\n5. The person was arrested and no charges of any type,\n\nincluding charges for an offense different than that for which the\n\nperson was originally arrested, are filed and the statute of\n\nlimitations has expired or the prosecuting agency has declined to\n\nfile charges;\n\n6. The person was under eighteen (18) years of age at the time\n\nthe offense was committed and the person has received a full pardon\n\nfor the offense;\n\n7. The person was charged with one or more misdemeanor or\n\nfelony crimes, all charges have been dismissed, the person has never\n\nbeen convicted of a felony, no misdemeanor or felony charges are\n\npending against the person and the statute of limitations for\n\nrefiling the charge or charges has expired or the prosecuting agency\n\nconfirms that the charge or charges will not be refiled; provided,\n\nhowever, this category shall not apply to charges that have been\n\ndismissed following the completion of a deferred judgment or delayed\n\nsentence;\n\n8. The person was charged with a misdemeanor, the charge was\n\ndismissed following the successful completion of a deferred judgment\n\nor delayed sentence, the person has never been convicted of a\n\nfelony, no misdemeanor or felony charges are pending against the\n\nperson and at least one (1) year has passed since the charge was\n\ndismissed;\n\n9. The person was charged with a nonviolent felony offense not\n\nlisted in Section 571 of Title 57 of the Oklahoma Statutes, the\n\ncharge was dismissed following the successful completion of a\n\ndeferred judgment or delayed sentence, the person has never been\n\nconvicted of a felony, no misdemeanor or felony charges are pending\n\nagainst the person and at least five (5) years have passed since the\n\ncharge was dismissed;\n\n10. The person was convicted of a misdemeanor offense, the\n\nperson was sentenced to a fine less than Five Hundred One Dollars\n\n($501.00) without a term of imprisonment or a suspended sentence,\n\nthe fine has been paid or satisfied by time served in lieu of the\n\nfine, the person has not been convicted of a felony and no felony or\n\nmisdemeanor charges are pending against the person;\n\n11. The person was convicted of a misdemeanor offense, the\n\nperson was sentenced to a term of imprisonment, a suspended sentence\n\nor a fine in an amount greater than Five Hundred Dollars ($500.00),\n\nthe person has not been convicted of a felony, no felony or\n\nmisdemeanor charges are pending against the person and at least five\nthe person;\n\n11. The person was convicted of a misdemeanor offense, the\n\nperson was sentenced to a term of imprisonment, a suspended sentence\n\nor a fine in an amount greater than Five Hundred Dollars ($500.00),\n\nthe person has not been convicted of a felony, no felony or\n\nmisdemeanor charges are pending against the person and at least five\n\n(5) years have passed since the end of the last misdemeanor\n\nsentence;\n\n12. The person was convicted of a nonviolent felony offense not\n\nlisted in Section 571 of Title 57 of the Oklahoma Statutes, the\n\nperson has not been convicted of any other felony, the person has\n\nnot been convicted of a separate misdemeanor in the last seven (7)\n\nyears, no felony or misdemeanor charges are pending against the\n\nperson and at least five (5) years have passed since the completion\n\nof the sentence for the felony conviction;\n\n13. The person was convicted of not more than two felony\n\noffenses, none of which is a felony offense listed in Section 13.1\n\nof Title 21 of the Oklahoma Statutes or any offense that would\n\nrequire the person to register pursuant to the provisions of the Sex\n\nOffenders Registration Act, no felony or misdemeanor charges are\n\npending against the person, and at least ten (10) years have passed\n\nsince the completion of the sentence for the felony conviction;\n\n14. The person has been charged or arrested or is the subject\n\nof an arrest warrant for a crime that was committed by another\n\nperson who has appropriated or used the person’s name or other\n\nidentification without the person’s consent or authorization; or\n\n15. The person was convicted of a nonviolent felony offense not\n\nlisted in Section 571 of Title 57 of the Oklahoma Statutes which was\n\nsubsequently reclassified as a misdemeanor under Oklahoma law, the\n\nperson is not currently serving a sentence for a crime in this state\n\nor another state, at least thirty (30) days have passed since the\n\ncompletion or commutation of the sentence for the crime that was\n\nreclassified as a misdemeanor, any restitution ordered by the court\n\nto be paid by the person has been satisfied in full, and any\n\ntreatment program ordered by the court has been successfully\n\ncompleted by the person, including any person who failed a treatment\n\nprogram which resulted in an accelerated or revoked sentence that\n\nhas since been successfully completed by the person or the person\n\ncan show successful completion of a treatment program at a later\n\ndate. Persons seeking an expungement of records under the\n\nprovisions of this paragraph may utilize the expungement forms\n\nprovided in Section 18a of this title.\n\nB. For purposes of Section 18 et seq. of this title:\n\n1. “Expungement” means the sealing of criminal records, as well\n\nas any public civil record, involving actions brought by and against\n\nthe State of Oklahoma arising from the same arrest, transaction or\n\noccurrence. A fully sealed expunged record shall not be available\n\nto the public or to law enforcement. Such records may be retained\n\nin the state criminal history repository but shall only be\n\naccessible to designated employees of the Oklahoma State Bureau of\n\nInvestigation for research and statistical purposes. A partially\n\nsealed expunged record shall not be available to the public but\n\nshall be available to law enforcement agencies for law enforcement\n\npurposes; and\n\n2. “Single-source record” means a criminal history record from\n\nthis state that consists of an Oklahoma arrest record only. A\n\nsingle-source record shall not contain any arrest from another\n\nstate, a federal arrest, or an entry into the National Sex Offender\n\nRegistry or a National Crime Information Center (NCIC)\n\nwanted/warrant entry.\n\nC. Beginning three (3) years after November 1, 2022, and\n\nsubject to the availability of funds, individuals with clean slate\n\neligible arrest records shall be eligible to have their arrest\nsingle-source record shall not contain any arrest from another\n\nstate, a federal arrest, or an entry into the National Sex Offender\n\nRegistry or a National Crime Information Center (NCIC)\n\nwanted/warrant entry.\n\nC. Beginning three (3) years after November 1, 2022, and\n\nsubject to the availability of funds, individuals with clean slate\n\neligible arrest records shall be eligible to have their arrest\n\nrecords sealed automatically. For purposes of Section 18 et seq. of\n\nthis title, “clean slate eligible arrest record” shall mean an\n\narrest record where each charge within the record meets one of the\n\nfollowing criteria:\n\n1. Records described in paragraph 1, 2, 3, 4, 5, 6, 14 or 15 of\n\nsubsection A of this section;\n\n2. Records described in paragraph 7 of subsection A of this\n\nsection where the prosecuting agency has declined to file charges\n\nand the record is an Oklahoma single-source record; or\n\n3. Records described in paragraph 8, 10, or 11 of subsection A\n\nof this section where the record is an Oklahoma single-source\n\nrecord.\n\nD. For purposes of seeking an expungement under the provisions\n\nof paragraph 10, 11, 12 or 13 of subsection A of this section,\n\noffenses arising out of the same transaction or occurrence shall be\n\ntreated as one conviction and offense.\n\nE. Records expunged pursuant to paragraphs 4, 8, 9, 10, 11, 12,\n\n13, 14 and 15 of subsection A of this section shall be partially\n\nsealed so that such records are not available to the public but\n\nremain available to law enforcement agencies for law enforcement\n\npurposes. Records expunged pursuant to paragraphs 8, 9, 10, 11, 12\n\nand 13 of subsection A of this section shall be admissible in any\n\nsubsequent criminal prosecution to prove the existence of a prior\n\nconviction or prior deferred judgment without the necessity of a\n\ncourt order requesting the unsealing of the records. Records\n\nexpunged pursuant to paragraph 4, 6, 12 or 13 of subsection A of\n\nthis section may also include the sealing of Pardon and Parole Board\n\nrecords related to an application for a pardon. Such records shall\n\nbe sealed to the public but not to the Pardon and Parole Board.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"5e4782e713f653b4e97cbb0f341c574e5d366d4551ed9191b0c13b518c955fa1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-18v1","next":"us-ok/okla.-stat.-tit.-22-22-19"},"notice":"GroundRules: Original legal text. Not legal advice."}