Okla. Stat. tit. 22, § 22-60.18

A. Persons authorized to file a motion for expungement of

victim protective orders (VPOs) issued pursuant to the Protection

from Domestic Abuse Act in this state must be within one of the

following categories:

1. An ex parte order was issued to the plaintiff but later

terminated due to dismissal of the petition before the full hearing,

or denial of the petition upon full hearing, or failure of the

plaintiff to appear for full hearing, and at least ninety (90) days

have passed since the date set for full hearing;

2. The plaintiff filed an application for a victim protective

order and failed to appear for the full hearing and at least ninety

(90) days have passed since the date last set by the court for the

full hearing, including the last date set for any continuance,

postponement or rescheduling of the hearing;

3. The plaintiff or defendant has had the order vacated and

three (3) years have passed since the order to vacate was entered;

or

4. The plaintiff or defendant is deceased.

B. For purposes of this section:

1. “Expungement” means the sealing of victim protective order

(VPO) court records from public inspection, but not from law

enforcement agencies, the court or the district attorney;

2. “Plaintiff” means the person or persons who sought the

original victim protective order (VPO) for cause; and

3. “Defendant” means the person or persons to whom the victim

protective order (VPO) was directed.

C. 1. Any person qualified under subsection A of this section

may petition the district court of the district in which the

Oklahoma Statutes - Title 22. Criminal Procedure Page 104

protective order pertaining to the person is located for the

expungement and sealing of the court records from public inspection.

The face of the petition shall state whether the defendant in the

protective order has been convicted of any violation of the

protective order and whether any prosecution or complaint is pending

in this state or any other state for a violation or alleged

violation of the protective order that is sought to be expunged.

The petition shall further state the authority pursuant to

subsection A of this section for eligibility for requesting the

expungement. The other party to the protective order shall be

mailed a copy of the petition by certified mail within ten (10) days

of filing the petition. A written answer or objection may be filed

within thirty (30) days of receiving the notice and petition.

2. Upon the filing of a petition, the court shall set a date

for a hearing and shall provide at least a thirty-day notice of the

hearing to all parties to the protective order, the district

attorney, and any other person or agency whom the court has reason

to believe may have relevant information related to the sealing of

the victim protective order (VPO) court record.

3. Without objection from the other party to the victim

protective order (VPO) or upon a finding that the harm to the

privacy of the person in interest or dangers of unwarranted adverse

consequences outweigh the public and safety interests of the parties

to the protective order in retaining the records, the court may

order the court record, or any part thereof, to be sealed from

public inspection. Any order entered pursuant to this section shall

not limit or restrict any law enforcement agency, the district

attorney or the court from accessing said records without the

necessity of a court order. Any order entered pursuant to this

subsection may be appealed by any party to the protective order or

by the district attorney to the Oklahoma Supreme Court in accordance

with the rules of the Oklahoma Supreme Court.

4. Upon the entry of an order to expunge and seal from public

inspection a victim protective order (VPO) court record, or any part

thereof, the subject official actions shall be deemed never to have

occurred, and the persons in interest and the public may properly
ctive order or

by the district attorney to the Oklahoma Supreme Court in accordance

with the rules of the Oklahoma Supreme Court.

4. Upon the entry of an order to expunge and seal from public

inspection a victim protective order (VPO) court record, or any part

thereof, the subject official actions shall be deemed never to have

occurred, and the persons in interest and the public 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 persons.

5. Inspection of the protective order court records included in

the expungement order issued pursuant to this section may thereafter

be permitted only upon petition by the persons in interest who are

the subjects of the records, or without petition by the district

attorney or a law enforcement agency in the due course of

investigation of a crime.

6. Employers, educational institutions, state and local

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

any application or interview or otherwise, an applicant to disclose

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any information contained in sealed protective order court records.

An applicant need not, in answer to any question concerning the

records, provide information that has been sealed, including any

reference to or information concerning the sealed information and

may state that no such action has ever occurred. The application

may not be denied solely because of the refusal of the applicant to

disclose protective order court records information that has been

sealed.

7. The provisions of this section shall apply to all protective

order court records existing in the district courts of this state

on, before and after the effective date of this section.

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

physical destruction of any court records, except as otherwise

provided by law for records no longer required to be maintained by

the court.

9. For the purposes of this section, sealed 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.

10. For the purposes of this act, district court index

reference of sealed material shall be destroyed, removed or

obliterated.

11. Any record ordered to be sealed pursuant to this section

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

12. 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.