Okla. Stat. tit. 10A, § 10A-2-6-109

This is the official text of Okla. Stat. tit. 10A, § 10A-2-6-109, part of Oklahoma’s Stat. tit. 10A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 10A,." Browse the sections below, each linked to its official government source.

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Expungement of juvenile court record

Official statutory text

A. A person or the child, or the parent, legal guardian or the

attorney for the child, who is the subject of a juvenile court

record may petition the district court in which the juvenile court

record is located for an order to expunge the record pertaining to

the person or the child.

B. The petition for expungement may be filed either as an oral

or written petition for an order to expunge the record pertaining to

the child at the time the case is before the court for a final

review of the ordered disposition pursuant to Section 2-2-503 of

this title or at any time after an informal adjustment agreement has

been successfully completed pursuant to Section 2-2-104 of this

title; provided:

1. The person or child has successfully completed the informal

adjustment agreement, the deferred adjudication, or a period of

probation or custody with a juvenile bureau or the Office of

Juvenile Affairs and the case of the person or child is being, or

has been, dismissed by the court or the court is closing the case

due to lack of jurisdiction upon the person or child reaching

eighteen (18) years of age or nineteen (19) years of age if

jurisdiction of the court was previously extended by the court

pursuant to Section 2-7-504 of this title;

2. The person or child has not been arrested for any adult

criminal offense and no charge, indictment, or information has been

filed or is pending against the person or child at the time of the

petition for an expungement; and

3. All court costs, restitution, fines and other court-ordered

requirements have been completed for the informal adjustment or the

juvenile proceedings.

C. After November 1, 2021, any person who has attained eighteen

(18) years of age or older and has successfully completed an

informal adjustment agreement, a deferred adjudication, or a period

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 391

of probation or custody with a juvenile bureau or the Office of

Juvenile Affairs, and whose case has previously been dismissed, may

petition the court for an order of expungement. In order to be

eligible for an order of expungement, the person must have satisfied

the requirements of paragraphs 1, 2 and 3 of subsection B of this

section.

D. For the purposes of this section, the term "expunge" or

"expungement" shall mean the sealing of juvenile court records.

E. 1. If an adjudication, deferred adjudication, or informal

adjustment of a person or child is being dismissed or has been

dismissed, then upon the receipt of an oral or written petition of

the person, the child, or other authorized person, the court may, if

the state does not object, grant the expungement if the court finds

that the harm to privacy of the person or the child in interest or

dangers of unwarranted adverse consequences outweigh the public

interest in retaining the records.

2. If the court grants the expungement, it shall issue a

written order to any law enforcement agency over which the court has

jurisdiction to expunge all files and records pertaining to the

arrest or adjudication of the person or child and shall order the

clerk of the court to expunge the entire file and record of the

case, including docket sheets, index entries, court records,

summonses, warrants or records in the office of the clerk or which

have been produced by a law enforcement agency in which the name of

the person or the child is mentioned. The court may order probation

officers and counselors of a juvenile bureau or the Office of

Juvenile Affairs to expunge all records, reports and social and

clinical studies relating to the person or the child that are in the

possession of a juvenile bureau or the Office of Juvenile Affairs,

except when the documents are necessary to maintain state or federal

funding.

3. Members of the judiciary, district attorneys, the person or

the child, counsel for the person or the child, employees of
e Affairs to expunge all records, reports and social and

clinical studies relating to the person or the child that are in the

possession of a juvenile bureau or the Office of Juvenile Affairs,

except when the documents are necessary to maintain state or federal

funding.

3. Members of the judiciary, district attorneys, the person or

the child, counsel for the person or the child, 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 or child who is the subject of the sealed

record is alleged to have committed a subsequent juvenile delinquent

act, a youthful offender 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

said records are requested for use in any subsequent juvenile

delinquent, youthful offender or adult prosecution.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 392

F. If the state objected to an oral petition for expungement,

the court shall allow the person or the child, or counsel for the

person or child, to file a written petition for the expungement of

the juvenile court records. Upon the filing of a petition for

expungement of a juvenile court record, the court shall set a date

for a hearing, which hearing may be closed at the court's

discretion, and shall provide a thirty (30) days' notice of the

hearing to the district attorney, the Office of Juvenile Affairs,

the Oklahoma State Bureau of Investigation, and any other person or

agency whom the court has reason to believe may have relevant

information related to the expungement of any record.

G. Upon a finding that the harm to privacy of the person or

child in interest or dangers of unwarranted adverse consequences

outweigh the public interest in retaining the records, the court

shall order the records to be expunged. Any order entered pursuant

to the provisions of this subsection shall specify those agencies to

which the court order shall apply.

H. Upon the entry of an order to expunge any juvenile court

record, or any part thereof, the subject official actions shall be

deemed never to have occurred, and the person or the child in

interest and all juvenile and criminal justice agencies may properly

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

occurred and that no such record exists with respect to the person

or the child.

I. When an order of expungement is issued by the court pursuant

to this section, the court shall require counsel for the person or

the child to prepare a written order of expungement which shall be

signed by the court and filed in the clerk's office of the district

court in which the juvenile court record is located. Copies of the

order of expungement shall be provided or mailed to the person or

the child, as well as the parent or legal guardian of the child, the

prosecuting attorney, the law enforcement agency or agencies that

investigated the case, the detention or jail in which the person or

the child was incarcerated, the juvenile bureau, the Office of

Juvenile Affairs, and the Oklahoma State Bureau of Investigation

directing the entity to expunge the juvenile court records in its

custody as directed in the order.

J. Employers, educational institutions, landlords, state and

local government agencies, officials, and employees shall not, in

any application or interview or in any other way, require an

applicant to disclose any information contained in any expunged

juvenile court records. An applicant need not, in answer to any
to expunge the juvenile court records in its

custody as directed in the order.

J. Employers, educational institutions, landlords, state and

local government agencies, officials, and employees shall not, in

any application or interview or in any other way, require an

applicant to disclose any information contained in any expunged

juvenile court records. An applicant need not, in answer to any

question concerning arrest, juvenile and criminal records, provide

information that has been expunged, including any reference to or

information concerning expungement and may state that no such action

has ever occurred. Such an application may not be denied solely

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 393

because of the applicant's refusal to disclose information that has

been expunged.

K. Nothing in this section shall be construed to authorize the

physical destruction of any juvenile records.

L. For the purposes of this section, expunged materials which

are recorded in the same document as unsealed material may be

recorded in a separate document, and sealed, then obliterated in the

original document.

M. For the purposes of this act, district court index reference

of sealed material shall be destroyed, removed or obliterated.

N. Any record ordered to be expunged pursuant to this section

shall be sealed and, if not unsealed within ten (10) years of the

expungement order, may be obliterated or destroyed at the end of the

ten-year period.

O. Subsequent to records being sealed as provided herein, the

district attorney, the Office of Juvenile Affairs, the Oklahoma

State Bureau of Investigation, or other interested person or agency

may petition the court for an order unsealing any records. Upon

filing of a petition, the court shall set a date for hearing, which

hearing may be closed at the court's discretion, and shall provide

thirty (30) days' notice to all interested parties. If, upon

hearing, the court determines there has been a change of conditions

or that there is a compelling reason to unseal the records, the

court may order all or a portion of the records unsealed.

P. Nothing herein shall prohibit the introduction of evidence

regarding actions sealed pursuant to the provisions of this section

at any hearing or trial for purposes of impeaching the credibility

of a witness or as evidence of character testimony pursuant to

Section 2608 of Title 12 of the Oklahoma Statutes.

Q. A person who has attained eighteen (18) years of age or

older may petition the district or municipal court in which the

juvenile court record is located for an order to expunge the record

pertaining to matters involving truancy provided the person has met

the criteria set forth in paragraphs 1 through 3 of subsection B of

this section. The petition shall be reviewed by the district or

municipal judge with primary responsibility over the juvenile court

docket.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.