Okla. Stat. tit. 10A, § 10A-2-5-210A

Department of Corrections – Adult conviction - Expungement.

A. 1. Whenever the district attorney or the Office of Juvenile

Affairs (OJA) believes that a youthful offender in the custody or

supervision of OJA should be transferred to the custody or

supervision of the Department of Corrections, the district attorney

or OJA may file a motion requesting such transfer and the court

shall set the motion for hearing. Notice of the motion and hearing

shall be given to the youthful offender, the youthful offender's

counsel, the parent or guardian of the youthful offender, and either

the district attorney or OJA. OJA may make recommendations to the

court concerning the transfer of a youthful offender to the

Department of Corrections.

2. The Court may order the youthful offender transferred to the

custody or supervision of the Department of Corrections only if the

court finds by clear and convincing evidence that the youthful

offender has:

a. failed to make substantial progress towards completing

the treatment plan which the youthful offender is

expected to have achieved,

b. established a pattern of disruptive behavior which is

not conducive to the established policies and

procedures of the program or facility or engaged in

other types of behavior which has endangered the life

or health of other residents or staff of the facility,

c. caused disruption in the facility, smuggled contraband

into the facility, or participated or assisted others

in smuggling contraband into the facility,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 369

d. committed battery or assault and battery on an OJA

employee or contractor of a juvenile facility,

e. committed battery, assault and battery, or endangered

the life or health of another person,

f. committed a felony while in the custody or supervision

of OJA as demonstrated by:

(1) the entry of a plea of guilty or nolo contendere,

(2) an adjudication, or a judgment and sentence

following a verdict of guilty, or

(3) clear and convincing evidence, or

g. left a facility in which the youthful offender was

being held without permission.

The court, in its decision to transfer custody of the youthful

offender to the custody of the Department of Corrections, shall

issue a written order and make detailed findings of fact and

conclusions of law addressing the grounds alleged in the motion of

the district attorney or OJA.

B. An order transferring custody of a youthful offender to the

Department of Corrections shall be deemed an adult conviction and

shall be recorded as such in the court records and criminal history

records of the offender. Such order shall be a final order,

appealable when entered. In addition to a judgment and sentence for

an adult conviction, the court shall provide to the Department of

Corrections a detailed memorandum or historical statement of the

Youthful Offender Act as applied to the offender being transferred

to the Department of Corrections including the date of the offense,

the date of the adjudication as a youthful offender, the date of the

filing of the motion to transfer custody of the offender to the

adult criminal system, and the date of the imposition of the adult

sentence.

C. The court shall grant time-served credits against the adult

sentence imposed for any youthful offender transferred to the

Department of Corrections. For the purpose of calculating time

served to be applied toward any sentence imposed upon a youthful

offender, in the event a youthful offender has been placed in the

custody or supervision of the Office of Juvenile Affairs, the

offender shall receive day-for-day credit for the time spent in the

custody or under the supervision of the Office of Juvenile Affairs.

Upon commitment to the Department of Corrections, a youthful

offender shall also receive other credits as provided by law for an

adult inmate.

D. 1. If the court dismissed the youthful offender case, the
or supervision of the Office of Juvenile Affairs, the

offender shall receive day-for-day credit for the time spent in the

custody or under the supervision of the Office of Juvenile Affairs.

Upon commitment to the Department of Corrections, a youthful

offender shall also receive other credits as provided by law for an

adult inmate.

D. 1. If the court dismissed the youthful offender case, the

person may file a motion to expunge the plea and the youthful

offender adjudication and sentence from the record.

2. The court, after hearing the motion, and any objections, may

grant the expungement of the youthful offender's record as provided

by the procedures in subsection D of Section 991c of Title 22 of the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 370

Oklahoma Statutes, if the court finds that the youthful offender has

reasonably completed the rehabilitation plan, that the expungement

is in the best interest of the youthful offender, and that such

dismissal will not jeopardize public safety.

3. The court, after hearing the motion and any objections, may

order the expungement of all files and records over which the court

has jurisdiction pertaining to the arrest and adjudication of the

former youthful offender, and shall order the clerk of the court to

expunge the entire file and record of the case or any files produced

or created by a law enforcement agency in which the name of the

former youthful offender is mentioned. The court may order the

Office of Juvenile Affairs to expunge all records relating to the

former youthful offender that are in the possession of the Office of

Juvenile Affairs, except when the documents are necessary to

maintain state or federal funding.

4. An expungement requested under paragraph 1 of this

subsection may be granted regardless of any court action or inaction

under paragraph 2 of this subsection.

5. Members of the judiciary, district attorneys, the youthful

offender, counsel for the youthful offender, employees of juvenile

bureaus and the Office of Juvenile Affairs who are assigned juvenile

court intake responsibilities, and the Department of Corrections may

access records that have been expunged pursuant to this subsection

without a court order for the purpose of determining whether to

dismiss an action, seek a voluntary probation, file a petition or

information, or for purposes of sentencing or placement in a case

where the person who is the subject of the sealed record is alleged

to have committed a subsequent youthful offender act, a juvenile

delinquent act, or any adult criminal offense. Provided, any record

sealed pursuant to this section shall be ordered unsealed upon

application of the prosecuting agency when the records are requested

for use in any subsequent juvenile delinquent, youthful offender, or

adult prosecution.

6. As used in this subsection, "expunge" means the sealing of

criminal records.