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Expunging and Sealing Arrest Records - Information

Most defendants, if they meet one of the conditions of Title 22 O.S. §18, will be able to obtain an expungement without an objection from the law enforcement agencies. However, every defendant who qualifies for an arrest record expungement MAY NOT be entitled to such relief. Title 22 O.S. Section 19 allows for an objection by law enforcement if public policy concerns in retaining the records outweigh your client's privacy interests in having them sealed. Recent examples of cases where public policy objections have been filed by law enforcement agencies include defendants who were medical personnel with drug arrests or teachers with arrests for sexual offenses with children and bank or financial employees with embezzlement - fraud arrests.
Agencies may also file a public policy objection on a defendant who has numerous other contacts with police.
Oklahoma Statutes Title 22, Section 19, subsection C, states as follows:Balancing Test:C. Upon a finding that the harm to privacy of the person in interest or dangers of unwarranted adverse consequences outweigh the public interest in retaining the records, the court may order such records, or any part thereof except basic identification information, to be sealed. If the court finds that neither sealing of the records nor maintaining of the records unsealed by the agency would serve the ends of justice, the court may enter an appropriate order limiting access to such records.

With the NEW AMENDMENT to 74 O.S. 150.22, there is a new $150.00 fee to the OSBI for the OSBI to process the 18/19 expungement if you successfully obtain a court order after a hearing. There is a $150 fee now for OSBI to enter an expungment/seal order that went into effect 9-1-05.

With a (Deferred Sentence Review) - 991c expungement there will not be a $150 charge and you shouldn't have to file it as a CJ, but it won't expunge the arrest, only the guilty plea. If it is an 18/19 expungement, the fee will apply and Tulsa and Oklahoma county has an administrative rule requiring you to file it as a CJ and the OSBI will require payment of $150.00 dollars before they will enter the order sealing the "arrest" record.


Anonymous said...

You have the statutory citation to the $150 OSBI fee incorrect. It’s 74 O.S. 150.12.

Anonymous said...

When a conviction is reversed a person should not have to pay for their record to be expunged. It should be done automatically.