Okla. Stat. tit. 22, § 22-18v2

A. Persons authorized to file a motion for expungement, as

provided herein, must be within one of the following categories:

1. The person has been acquitted;

2. The conviction was reversed with instructions to dismiss by

an appellate court of competent jurisdiction, or an appellate court

Oklahoma Statutes - Title 22. Criminal Procedure Page 33

of competent jurisdiction reversed the conviction and the

prosecuting agency subsequently dismissed the charge;

3. The factual innocence of the person was established by the

use of deoxyribonucleic acid (DNA) evidence subsequent to

conviction, including a person who has been released from prison at

the time innocence was established;

4. The person has received a full pardon by the Governor for

the crime for which the person was sentenced;

5. The person was arrested and no charges of any type,

including charges for an offense different than that for which the

person was originally arrested, are filed and the statute of

limitations has expired or the prosecuting agency has declined to

file charges;

6. The person was under eighteen (18) years of age at the time

the offense was committed and the person has received a full pardon

for the offense;

7. The person was charged with one or more misdemeanor or

felony crimes, all charges have been dismissed, the person has never

been convicted of a felony, no misdemeanor or felony charges are

pending against the person and the statute of limitations for

refiling the charge or charges has expired or the prosecuting agency

confirms that the charge or charges will not be refiled; provided,

however, this category shall not apply to charges that have been

dismissed following the completion of a deferred judgment or delayed

sentence;

8. The person was charged with a misdemeanor, the charge was

dismissed following the successful completion of a deferred judgment

or delayed sentence, the person has never been convicted of a

felony, no misdemeanor or felony charges are pending against the

person and at least one (1) year has passed since the charge was

dismissed;

9. The person was charged with a nonviolent felony offense not

listed in Section 571 of Title 57 of the Oklahoma Statutes, the

charge was dismissed following the successful completion of a

deferred judgment or delayed sentence, the person has never been

convicted of a felony, no misdemeanor or felony charges are pending

against the person and at least five (5) years have passed since the

charge was dismissed;

10. The person was convicted of a misdemeanor offense, the

person was sentenced to a fine less than Five Hundred One Dollars

($501.00) without a term of imprisonment or a suspended sentence,

the fine has been paid or satisfied by time served in lieu of the

fine, the person has not been convicted of a felony and no felony or

misdemeanor charges are pending against the person;

11. The person was convicted of a misdemeanor offense, the

person was sentenced to a term of imprisonment, a suspended sentence

or a fine in an amount greater than Five Hundred Dollars ($500.00),

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the person has not been convicted of a felony, no felony or

misdemeanor charges are pending against the person and at least five
the person;

11. The person was convicted of a misdemeanor offense, the

person was sentenced to a term of imprisonment, a suspended sentence

or a fine in an amount greater than Five Hundred Dollars ($500.00),

Oklahoma Statutes - Title 22. Criminal Procedure Page 34

the person has not been convicted of a felony, no felony or

misdemeanor charges are pending against the person and at least five

(5) years have passed since the end of the last misdemeanor

sentence;

12. The person was convicted of a nonviolent felony offense not

listed in Section 571 of Title 57 of the Oklahoma Statutes, the

person has not been convicted of any other felony, the person has

not been convicted of a separate misdemeanor in the last seven (7)

years, no felony or misdemeanor charges are pending against the

person and at least five (5) years have passed since the completion

of the sentence for the felony conviction;

13. The person was convicted of not more than two felony

offenses, none of which is a felony offense listed in Section 13.1

of Title 21 of the Oklahoma Statutes or any offense that would

require the person to register pursuant to the provisions of the Sex

Offenders Registration Act, no felony or misdemeanor charges are

pending against the person, and at least ten (10) years have passed

since the completion of the sentence for the felony conviction;

14. The person has been charged or arrested or is the subject

of an arrest warrant for a crime that was committed by another

person who has appropriated or used the person’s name or other

identification without the person’s consent or authorization; or

15. The person was convicted of a nonviolent felony offense not

listed in Section 571 of Title 57 of the Oklahoma Statutes which was

subsequently reclassified as a misdemeanor under Oklahoma law, the

person is not currently serving a sentence for a crime in this state

or another state, at least thirty (30) days have passed since the

completion or commutation of the sentence for the crime that was

reclassified as a misdemeanor, any restitution ordered by the court

to be paid by the person has been satisfied in full, and any

treatment program ordered by the court has been successfully

completed by the person, including any person who failed a treatment

program which resulted in an accelerated or revoked sentence that

has since been successfully completed by the person or the person

can show successful completion of a treatment program at a later

date. Persons seeking an expungement of records under the

provisions of this paragraph may utilize the expungement forms

provided in Section 18a of this title.

B. For purposes of Section 18 et seq. of this title:

1. “Expungement” means the sealing of criminal records, as well

as any public civil record, involving actions brought by and against

the State of Oklahoma arising from the same arrest, transaction or

occurrence. A fully sealed expunged record shall not be available

to the public or to law enforcement. Such records may be retained

in the state criminal history repository but shall only be

accessible to designated employees of the Oklahoma State Bureau of

Investigation for research and statistical purposes. A partially

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sealed expunged record shall not be available to the public but

shall be available to law enforcement agencies for law enforcement

purposes; and

2. “Single-source record” means a criminal history record from

this state that consists of an Oklahoma arrest record only. A

single-source record shall not contain any arrest from another

state, a federal arrest, or an entry into the National Sex Offender

Registry or a National Crime Information Center (NCIC)

wanted/warrant entry.

C. Beginning three (3) years after November 1, 2022, and

subject to the availability of funds, individuals with clean slate

eligible arrest records shall be eligible to have their arrest
single-source record shall not contain any arrest from another

state, a federal arrest, or an entry into the National Sex Offender

Registry or a National Crime Information Center (NCIC)

wanted/warrant entry.

C. Beginning three (3) years after November 1, 2022, and

subject to the availability of funds, individuals with clean slate

eligible arrest records shall be eligible to have their arrest

records sealed automatically. For purposes of Section 18 et seq. of

this title, “clean slate eligible arrest record” shall mean an

arrest record where each charge within the record meets one of the

following criteria:

1. Records described in paragraph 1, 2, 3, 4, 5, 6, 14 or 15 of

subsection A of this section;

2. Records described in paragraph 7 of subsection A of this

section where the prosecuting agency has declined to file charges

and the record is an Oklahoma single-source record; or

3. Records described in paragraph 8, 10, or 11 of subsection A

of this section where the record is an Oklahoma single-source

record.

D. For purposes of seeking an expungement under the provisions

of paragraph 10, 11, 12 or 13 of subsection A of this section,

offenses arising out of the same transaction or occurrence shall be

treated as one conviction and offense.

E. Records expunged pursuant to paragraphs 4, 8, 9, 10, 11, 12,

13, 14 and 15 of subsection A of this section shall be partially

sealed so that such records are not available to the public but

remain available to law enforcement agencies for law enforcement

purposes. Records expunged pursuant to paragraphs 8, 9, 10, 11, 12

and 13 of subsection A of this section shall be admissible in any

subsequent criminal prosecution to prove the existence of a prior

conviction or prior deferred judgment without the necessity of a

court order requesting the unsealing of the records. Records

expunged pursuant to paragraph 4, 6, 12 or 13 of subsection A of

this section may also include the sealing of Pardon and Parole Board

records related to an application for a pardon. Such records shall

be sealed to the public but not to the Pardon and Parole Board.