{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-150.12","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-150.12","heading":"Mandatory reporting of fingerprint and criminal history","body":"information.\n\nA. 1. It is hereby the duty of any sheriff, chief of police,\n\ncity marshal, constable and any other law enforcement officer who\n\ntakes custody of a person who has been arrested and who, in the best\n\njudgment of the arresting officer, is believed to have committed any\n\noffense, except an offense exempted by the rules promulgated by the\n\nOklahoma State Bureau of Investigation pursuant to the provisions of\n\nSection 150.1 et seq. of this title, to take or cause to be taken\n\nthe fingerprint impressions of such person or persons and to forward\n\nsuch fingerprint impressions together with identification\n\ninformation to the Oklahoma State Bureau of Investigation, at its\n\nOklahoma City office. In the case of any sheriff, chief of police,\n\ncity marshal, constable, or any other law enforcement officer\n\nequipped with a live-scan device designed for the electronic capture\n\nand transmission of fingerprint images approved by the Oklahoma\n\nState Bureau of Investigation, fingerprint images may instead be\n\ntaken and transmitted to the Bureau electronically. If the sheriff,\n\nchief of police, city marshal, or constable has contracted for the\n\ncustody of prisoners, such contractor shall be required to take the\n\nfingerprint impressions of such person.\n\n2. It shall not be the responsibility of, nor shall the\n\nsheriff, chief of police, city marshal, constable, other law\n\nenforcement officer, or contractor receiving custody of an arrested\n\nperson as a prisoner require the arresting officer to take the\n\nfingerprint impressions of the arrested person; provided, if the\n\narresting officer is employed by the same law enforcement agency as\n\nthe sheriff, chief of police, city marshal, or constable receiving\n\ncustody of such person, the arresting officer may be required to\n\ntake such impressions.\n\n3. The law enforcement officers shall also forward the\n\nprosecution filing report and the disposition report forms to the\n\nappropriate prosecuting authority within seventy-two (72) hours. If\n\nfingerprint impressions have not been taken at the time of an\n\narrest, the court shall order the fingerprints to be taken by the\n\nsheriff at the arraignment, first appearance, or at the time of\n\nfinal adjudication of a defendant whose court attendance has been\n\nsecured by a summons or citation for any offense, except an offense\n\nexempted by the rules promulgated by the Bureau. If a person is in\n\nthe custody of a law enforcement or correctional agency and a\n\nwarrant issues or an information is filed alleging the person to\n\nhave committed an offense other than the offense for which the\n\nperson is in custody, the custodial law enforcement or correctional\n\nagency shall take the fingerprints of such person in connection with\n\nthe new offense, provided the offense is not exempted by the rules\n\nof the Bureau. Any fingerprint impressions and identification\n\ninformation required by this subsection shall be sent to the Bureau\n\nwithin seventy-two (72) hours after taking such fingerprints.\n\nB. In order to maintain a complete criminal history record, the\n\ncourt shall inquire at the time of sentencing whether or not the\n\nperson has been fingerprinted for the offense upon which the\n\nsentence is based and, if not, shall order the fingerprints be taken\n\nimmediately of such person and those fingerprints shall be sent by\n\nthe law enforcement agency taking the fingerprint impressions to the\n\nBureau within seventy-two (72) hours after taking the fingerprint\n\nimpressions.\n\nC. In addition to any other fingerprints which may have been\n\ntaken of a person in a criminal matter, the Department of\n\nCorrections shall take the fingerprints of all prisoners received at\n\nthe Lexington Reception and Assessment Center or otherwise received\n\ninto the custody of the Department and shall send copies of such\n\nfingerprints together with identification information to the Bureau\n\nwithin seventy-two (72) hours of taking such fingerprints.\nve been\n\ntaken of a person in a criminal matter, the Department of\n\nCorrections shall take the fingerprints of all prisoners received at\n\nthe Lexington Reception and Assessment Center or otherwise received\n\ninto the custody of the Department and shall send copies of such\n\nfingerprints together with identification information to the Bureau\n\nwithin seventy-two (72) hours of taking such fingerprints.\n\nD. The Bureau shall, upon receipt of fingerprint impressions\n\nand identification information for offenses not exempt by rule of\n\nthe Bureau, send one copy of the fingerprint impressions to the\n\nFederal Bureau of Investigation, at its Washington, D.C., office,\n\nand the other copy shall be filed in the Oklahoma State Bureau of\n\nInvestigation's office. The rules promulgated by the Bureau\n\npursuant to the provision of this act exempting certain offenses\n\nfrom mandatory reporting shall be based upon recommended Federal\n\nBureau of Investigation standards for reporting criminal history\n\ninformation and are not intended to include violators of city or\n\ntown ordinances and great care shall be exercised to exclude the\n\nreporting of criminal history information for such offenses, except\n\nwhen recommended by the Federal Bureau of Investigation standards.\n\nE. The reporting to the Oklahoma State Bureau of Investigation\n\nof criminal history information on each person subject to the\n\nmandatory reporting requirements of Section 150.1 et seq. of this\n\ntitle shall be mandatory for all law enforcement agencies, courts of\n\nthis state, including municipal courts, judicial officials, district\n\nattorneys and correctional administrators participating in criminal\n\nmatters, whether reported directly or indirectly, manually or by\n\nautomated system as may be provided by the rules promulgated by the\n\nBureau.\n\nF. Except for offenses exempted by the rules promulgated by the\n\nBureau, the following events shall be reported to the Bureau within\n\nseventy-two (72) hours and the Bureau shall have seventy-two (72)\n\nhours after receipt of the report to enter such information into a\n\ncriminal record database:\n\n1. An arrest;\n\n2. The release of a person after arrest without the filing of\n\nany charge; and\n\n3. A decision of a prosecutor not to commence criminal\n\nproceedings or to defer or postpone prosecution.\n\nG. Except for offenses exempted by the rules promulgated by the\n\nBureau, the following events shall be reported to the Bureau within\n\nthirty (30) days and the Bureau shall have thirty (30) days after\n\nreceipt of the report to enter such information into a criminal\n\nrecord database:\n\n1. A decision by a prosecutor to modify or amend initial\n\ncharges upon which the arrest was made, including deletions or\n\nadditions of charges or counts;\n\n2. The presentment of an indictment or the filing of a criminal\n\ninformation or other statement of charges;\n\n3. The dismissal of an indictment or criminal information or\n\nany charge specified in such indictment or criminal information;\n\n4. An acquittal, conviction or other court disposition at trial\n\nor before, during or following trial, including dispositions\n\nresulting from pleas or other agreements;\n\n5. The imposition of a sentence;\n\n6. The commitment to or release from the custody of the\n\nDepartment of Corrections or incarceration in any jail or other\n\ncorrectional facility;\n\n7. The escape from custody of any correctional facility, jail\n\nor authority;\n\n8. The commitment to or release from probation or parole;\n\n9. An order of any appellate court;\n\n10. A pardon, reprieve, commutation of sentence or other change\n\nin sentence, including a change ordered by the court;\n\n11. A revocation of probation or parole or other change in\n\nprobation or parole status; and\n\n12. Any other event arising out of or occurring during the\n\ncourse of criminal proceedings or terms of the sentence deemed\nfrom probation or parole;\n\n9. An order of any appellate court;\n\n10. A pardon, reprieve, commutation of sentence or other change\n\nin sentence, including a change ordered by the court;\n\n11. A revocation of probation or parole or other change in\n\nprobation or parole status; and\n\n12. Any other event arising out of or occurring during the\n\ncourse of criminal proceedings or terms of the sentence deemed\n\nnecessary as provided by the rules established by the Bureau.\n\nThe Bureau shall have authority to withhold any entry on a\n\ncriminal history record when there is reason to believe the entry is\n\nbased on error or an unlawful order. The Bureau shall in such case\n\ntake immediate action to clarify or correct the entry.\n\nH. Information reportable under the provisions of this section\n\nshall be reportable by the law enforcement officer or person\n\ndirectly responsible for the action, event or decision, unless\n\notherwise provided by rule or agreement. The form and content of\n\ninformation to be reported and methods for reporting information,\n\nincluding fingerprint impressions and other identification\n\ninformation, shall be established by the rules promulgated by the\n\nBureau. The Bureau is hereby directed to establish rules to\n\nimplement the provisions of Section 150.1 et seq. of this title,\n\nprovided any rule relating to reporting by courts or judicial\n\nofficials shall be issued jointly by the Bureau and the Oklahoma\n\nSupreme Court.\n\nI. Any person or agency subject to the mandatory reporting of\n\ncriminal history information or fingerprints as required by the\n\nprovisions of this act shall take appropriate steps to ensure that\n\nappropriate agency officials and employees understand such\n\nrequirements. Each agency shall establish, and in appropriate cases\n\nimpose, administrative sanctions for failure of an official or\n\nemployee to report as provided by law. Refusal or persistent\n\nfailure of a person or agency to comply with the mandatory reporting\n\nrequirements of this act may result in the discontinued access to\n\nBureau information or assistance until such agency complies with the\n\nlaw.\n\nJ. All expungement orders which are presented to the Bureau for\n\nalterations to criminal history records must be accompanied by a\n\npayment of One Hundred Fifty Dollars ($150.00) payable to the\n\nBureau. The subject of the criminal history, whose record is being\n\namended or updated based upon an expungement order, is responsible\n\nfor such payment. Payment shall be rendered before any expungement\n\norder may be processed by the Bureau. Payment of the fee shall be\n\nwaived if the subject of the criminal history record has been\n\ngranted an expungement under the provisions of paragraph 3 of\n\nsubsection A of Section 18 of Title 22 of the Oklahoma Statutes.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a0e2775bcb886d6e61795349a9cfb26d1d749ad1a8d0c15bd3642d51330257fd","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-150.11","next":"us-ok/okla.-stat.-tit.-74-74-150.12a"},"notice":"GroundRules: Original legal text. Not legal advice."}