Okla. Stat. tit. 74, § 74-150.12

information.

A. 1. It is hereby the duty of any sheriff, chief of police,

city marshal, constable and any other law enforcement officer who

takes custody of a person who has been arrested and who, in the best

judgment of the arresting officer, is believed to have committed any

offense, except an offense exempted by the rules promulgated by the

Oklahoma State Bureau of Investigation pursuant to the provisions of

Section 150.1 et seq. of this title, to take or cause to be taken

the fingerprint impressions of such person or persons and to forward

such fingerprint impressions together with identification

information to the Oklahoma State Bureau of Investigation, at its

Oklahoma City office. In the case of any sheriff, chief of police,

city marshal, constable, or any other law enforcement officer

equipped with a live-scan device designed for the electronic capture

and transmission of fingerprint images approved by the Oklahoma

Oklahoma Statutes - Title 74. State Government Page 295

State Bureau of Investigation, fingerprint images may instead be

taken and transmitted to the Bureau electronically. If the sheriff,

chief of police, city marshal, or constable has contracted for the

custody of prisoners, such contractor shall be required to take the

fingerprint impressions of such person.

2. It shall not be the responsibility of, nor shall the

sheriff, chief of police, city marshal, constable, other law

enforcement officer, or contractor receiving custody of an arrested

person as a prisoner require the arresting officer to take the

fingerprint impressions of the arrested person; provided, if the

arresting officer is employed by the same law enforcement agency as

the sheriff, chief of police, city marshal, or constable receiving

custody of such person, the arresting officer may be required to

take such impressions.

3. The law enforcement officers shall also forward the

prosecution filing report and the disposition report forms to the

appropriate prosecuting authority within seventy-two (72) hours. If

fingerprint impressions have not been taken at the time of an

arrest, the court shall order the fingerprints to be taken by the

sheriff at the arraignment, first appearance, or at the time of

final adjudication of a defendant whose court attendance has been

secured by a summons or citation for any offense, except an offense

exempted by the rules promulgated by the Bureau. If a person is in

the custody of a law enforcement or correctional agency and a

warrant issues or an information is filed alleging the person to

have committed an offense other than the offense for which the

person is in custody, the custodial law enforcement or correctional

agency shall take the fingerprints of such person in connection with

the new offense, provided the offense is not exempted by the rules

of the Bureau. Any fingerprint impressions and identification

information required by this subsection shall be sent to the Bureau

within seventy-two (72) hours after taking such fingerprints.

B. In order to maintain a complete criminal history record, the

court shall inquire at the time of sentencing whether or not the

person has been fingerprinted for the offense upon which the

sentence is based and, if not, shall order the fingerprints be taken

immediately of such person and those fingerprints shall be sent by

the law enforcement agency taking the fingerprint impressions to the

Bureau within seventy-two (72) hours after taking the fingerprint

impressions.

C. In addition to any other fingerprints which may have been

taken of a person in a criminal matter, the Department of

Corrections shall take the fingerprints of all prisoners received at

the Lexington Reception and Assessment Center or otherwise received

into the custody of the Department and shall send copies of such

fingerprints together with identification information to the Bureau

within seventy-two (72) hours of taking such fingerprints.
ve been

taken of a person in a criminal matter, the Department of

Corrections shall take the fingerprints of all prisoners received at

the Lexington Reception and Assessment Center or otherwise received

into the custody of the Department and shall send copies of such

fingerprints together with identification information to the Bureau

within seventy-two (72) hours of taking such fingerprints.

Oklahoma Statutes - Title 74. State Government Page 296

D. The Bureau shall, upon receipt of fingerprint impressions

and identification information for offenses not exempt by rule of

the Bureau, send one copy of the fingerprint impressions to the

Federal Bureau of Investigation, at its Washington, D.C., office,

and the other copy shall be filed in the Oklahoma State Bureau of

Investigation's office. The rules promulgated by the Bureau

pursuant to the provision of this act exempting certain offenses

from mandatory reporting shall be based upon recommended Federal

Bureau of Investigation standards for reporting criminal history

information and are not intended to include violators of city or

town ordinances and great care shall be exercised to exclude the

reporting of criminal history information for such offenses, except

when recommended by the Federal Bureau of Investigation standards.

E. The reporting to the Oklahoma State Bureau of Investigation

of criminal history information on each person subject to the

mandatory reporting requirements of Section 150.1 et seq. of this

title shall be mandatory for all law enforcement agencies, courts of

this state, including municipal courts, judicial officials, district

attorneys and correctional administrators participating in criminal

matters, whether reported directly or indirectly, manually or by

automated system as may be provided by the rules promulgated by the

Bureau.

F. Except for offenses exempted by the rules promulgated by the

Bureau, the following events shall be reported to the Bureau within

seventy-two (72) hours and the Bureau shall have seventy-two (72)

hours after receipt of the report to enter such information into a

criminal record database:

1. An arrest;

2. The release of a person after arrest without the filing of

any charge; and

3. A decision of a prosecutor not to commence criminal

proceedings or to defer or postpone prosecution.

G. Except for offenses exempted by the rules promulgated by the

Bureau, the following events shall be reported to the Bureau within

thirty (30) days and the Bureau shall have thirty (30) days after

receipt of the report to enter such information into a criminal

record database:

1. A decision by a prosecutor to modify or amend initial

charges upon which the arrest was made, including deletions or

additions of charges or counts;

2. The presentment of an indictment or the filing of a criminal

information or other statement of charges;

3. The dismissal of an indictment or criminal information or

any charge specified in such indictment or criminal information;

4. An acquittal, conviction or other court disposition at trial

or before, during or following trial, including dispositions

resulting from pleas or other agreements;

Oklahoma Statutes - Title 74. State Government Page 297

5. The imposition of a sentence;

6. The commitment to or release from the custody of the

Department of Corrections or incarceration in any jail or other

correctional facility;

7. The escape from custody of any correctional facility, jail

or authority;

8. The commitment to or release from probation or parole;

9. An order of any appellate court;

10. A pardon, reprieve, commutation of sentence or other change

in sentence, including a change ordered by the court;

11. A revocation of probation or parole or other change in

probation or parole status; and

12. Any other event arising out of or occurring during the

course of criminal proceedings or terms of the sentence deemed
from probation or parole;

9. An order of any appellate court;

10. A pardon, reprieve, commutation of sentence or other change

in sentence, including a change ordered by the court;

11. A revocation of probation or parole or other change in

probation or parole status; and

12. Any other event arising out of or occurring during the

course of criminal proceedings or terms of the sentence deemed

necessary as provided by the rules established by the Bureau.

The Bureau shall have authority to withhold any entry on a

criminal history record when there is reason to believe the entry is

based on error or an unlawful order. The Bureau shall in such case

take immediate action to clarify or correct the entry.

H. Information reportable under the provisions of this section

shall be reportable by the law enforcement officer or person

directly responsible for the action, event or decision, unless

otherwise provided by rule or agreement. The form and content of

information to be reported and methods for reporting information,

including fingerprint impressions and other identification

information, shall be established by the rules promulgated by the

Bureau. The Bureau is hereby directed to establish rules to

implement the provisions of Section 150.1 et seq. of this title,

provided any rule relating to reporting by courts or judicial

officials shall be issued jointly by the Bureau and the Oklahoma

Supreme Court.

I. Any person or agency subject to the mandatory reporting of

criminal history information or fingerprints as required by the

provisions of this act shall take appropriate steps to ensure that

appropriate agency officials and employees understand such

requirements. Each agency shall establish, and in appropriate cases

impose, administrative sanctions for failure of an official or

employee to report as provided by law. Refusal or persistent

failure of a person or agency to comply with the mandatory reporting

requirements of this act may result in the discontinued access to

Bureau information or assistance until such agency complies with the

law.

J. All expungement orders which are presented to the Bureau for

alterations to criminal history records must be accompanied by a

payment of One Hundred Fifty Dollars ($150.00) payable to the

Bureau. The subject of the criminal history, whose record is being

amended or updated based upon an expungement order, is responsible

Oklahoma Statutes - Title 74. State Government Page 298

for such payment. Payment shall be rendered before any expungement

order may be processed by the Bureau. Payment of the fee shall be

waived if the subject of the criminal history record has been

granted an expungement under the provisions of paragraph 3 of

subsection A of Section 18 of Title 22 of the Oklahoma Statutes.