Okla. Stat. tit. 10A, § 10A-2-6-108

unsealing sealed records - Destruction of records.

A. No adjudication by the court upon the status of a child in a

juvenile proceeding shall operate to impose any of the civil

disabilities ordinarily resulting from conviction of a crime, nor

shall a child be deemed a criminal by reason of a juvenile

adjudication.

B. The court may sua sponte, upon motion by the state or upon

motion by the alleged delinquent, order the records of a person

alleged to be delinquent to be sealed as follows:

1. When the person has been alleged to be delinquent and:

a. one (1) year has elapsed from the later of:

(1) dismissal or closure of the case by the court, or

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(2) notice to the court by the Office of Juvenile

Affairs or a juvenile bureau of final discharge

of such person from the supervision of the Office

of Juvenile Affairs or juvenile bureau, and

b. the person has not been found guilty of or admitted to

the commission of a subsequent criminal offense in

either a juvenile or adult proceeding, and

c. no juvenile or adult proceeding for a criminal offense

is pending;

2. When a juvenile court intake has been completed and:

a. the case has been dismissed, or

b. no petition has been filed pending fulfillment of

conditions of a voluntary probation, or

c. a petition has been filed but no adjudication has

occurred pending the fulfillment of conditions of a

preadjudicatory probation;

3. When a juvenile participates in a court-approved alternative

diversion program for first-time offenders and:

a. the juvenile presents satisfactory evidence to the

court that the juvenile has successfully completed the

program, and

b. the court dismisses the case at the conclusion of the

deferral period; or

4. When a juvenile participates in a court-approved military

mentor program and:

a. the juvenile presents satisfactory evidence to the

court that the juvenile has successfully completed the

program, and

b. the court dismisses the case at the conclusion of the

deferral period.

The records may be sealed one (1) year after such dismissal or

completion of the conditions of a voluntary or preadjudicatory

probation, alternative diversion program for first-time offenders,

or military mentor program or upon the person attaining the age of

eighteen (18) years in the discretion of the court. Upon the

sealing of any record of a person alleged to be delinquent pursuant

to this title, the record and official actions subject to the order

shall be deemed never to have occurred, and the person who is the

subject of the record and all juvenile justice agencies may properly

reply upon any inquiry in the matter that no such action ever

occurred and no such record exists with respect to such person.

C. The Administrative Office of the Courts shall establish on

or before January 1, 1994, a system for sealing records as required

by subsection B of this section and records shall be sealed in

accordance with the procedures established pursuant to said system.

D. 1. The court clerk shall seal the juvenile court record

indicated in the court's order, except that a confidential index

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shall be maintained for the purpose of locating records subject to

inspection or release pursuant to subsection F of this section.

2. When notified by the court clerk of a court order sealing a

juvenile court record, the law enforcement agency having records

pertaining to the person shall seal the records as ordered, except

basic identification information shall be maintained.

3. Except where such documents are necessary to maintain state

or federal funding, the juvenile court personnel records pertaining

to the person shall be sealed.

E. Members of the judiciary, district attorneys, the defendant,

the defendant's counsel and employees of juvenile bureaus, the
he person shall seal the records as ordered, except

basic identification information shall be maintained.

3. Except where such documents are necessary to maintain state

or federal funding, the juvenile court personnel records pertaining

to the person shall be sealed.

E. Members of the judiciary, district attorneys, the defendant,

the defendant's counsel and employees of juvenile bureaus, the

Office of Juvenile Affairs assigned juvenile court intake

responsibilities, and the Department of Corrections may access

records that have been sealed pursuant to this section without a

court order for the purpose of determining whether to dismiss an

action, seek a voluntary probation, file a petition, 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 juvenile delinquent act or any adult criminal offense.

Provided, any record sealed pursuant to this section may be used in

a subsequent juvenile delinquent or adult prosecution only after the

issuance of a court order unsealing the record.

F. The court may issue an order unsealing sealed juvenile court

records, for use for the following purposes:

1. In subsequent cases against the same child pursuant to this

title;

2. In an adult criminal proceeding pursuant to Section 2-2-403

or 2-5-101 of this title;

3. Upon conviction of a criminal offense in an adult

proceeding, in connection with the sentencing of such person;

4. If the person is placed in the custody or under the

supervision of the Department of Corrections;

5. In accordance with the guidelines adopted pursuant to the

Juvenile Offender Tracking Program and Section 620.6 of Title 10 of

the Oklahoma Statutes, for maintaining juvenile justice and criminal

justice statistical information;

6. For the purpose of a criminal investigation; or

7. When the court finds that there is a compelling reason and

it is in the interest of justice to order the record unsealed.

G. Any person or agency having a legitimate interest in a

delinquency case or proceeding may petition the court for an order

unsealing a juvenile court record. Upon the filing of a petition to

unseal any juvenile court record, the court shall set a date for a

hearing and shall provide thirty (30) days of notice to all

interested parties. The hearing may be closed at the discretion of

the court. If, after a hearing, the court determines that there is

any reason enumerated in subsection F of this section and it is

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necessary for the protection of a legitimate public or private

interest to unseal the record, the court shall order the record

unsealed.

H. Any record ordered to be sealed pursuant to this section, if

not unsealed within ten (10) years of the order, shall be

obliterated or destroyed at the end of the ten-year period.