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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3024 By: Worthen
COMMITTEE SUBSTITUTE
An Act relating to expungements; amending 22 O.S.
2021, Section 18, which relates to expungement of
criminal history records; adding an expungement
category; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 18, is
amended to read as foll ows:
Section 18. A. Persons authorized to file a motion for
expungement, as provi ded herein, must be within one of the following
categories:
1. The person has been acquitted;
2. The conviction was reversed with inst ructions to dismiss by
an appellate court of competent jurisdiction, or an appellate court
of competent jurisdiction rev ersed the conviction and the
prosecuting agency subsequently dismissed the charge;
3. The factual inno cence of the person was establish ed by the
use of deoxyribonucleic aci d (DNA) evidence subsequent to
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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 Go vernor for
the crime for which th e person was sentenced;
5. The person was arrested and no charges of any type,
including charges for an offense differe nt than that for which the
person was originally arrested, are filed and the statute of
limitations has expired or the prosecuting agenc y has declined to
file charges;
6. The person was under eighteen (18) years of age at the time
the offense was committe d and the person has received a fu ll pardon
for the offense;
7. The person was charged with one or mor e misdemeanor or
felony crimes, all charges have been dismissed, the p erson has never
been convicted of a felony, no misdemeanor or felony charges are
pending against the person and the s tatute 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 compl etion of a deferred judgment or delayed
sentence;
8. The person was charged with a misdemeanor, the c harge was
dismissed following the suc cessful completion of a deferred judgment
or delayed sentence, the person has never been convicted of a
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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, t he person has never been
convicted of a felony, no misdemeanor or felony charges are pending
against the person and at l east five (5) years have passed si nce the
charge was dismissed;
10. The person was convicted of a misd emeanor offense, the
person was sentenced to a fine of less than Five Hundred One Dollars
($501.00) without a term of imprisonment or a suspended sentenc e,
the fine has been paid or satis fied by time served in lieu of the
fine, the person has not been conv icted of a felony and no felony o r
misdemeanor charges are pending aga inst the person;
11. The person was convicted of a misdemeanor offense, the
person was sentenced to a term of impris onment, a suspended sentence
or a fine in an amount greater than Five Hundred Dollars ($500.00),
the person has not been convicted of a fel ony, no felony or
misdemeanor charges are pending against the person and at least f ive
(5) years have passed since th e end of the last misdemeanor
sentence;
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12. The person was convicted of a nonviolent felony offense n ot
listed in Section 571 of Title 57 of the Oklahoma Statutes, the
person has not been convicted of any other felony, th e person has
not been convicted of a separate misdemeanor in the last seven (7)
years, no felony or mis demeanor charges are pending agai nst 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 fel ony or misdemeanor charges ar e
pending against the person, and at lea st ten (10) years have passed
since the completion of the sent ence for the felony conviction ;
14. The person was charged with not more than two felony
offenses and the charges were dismissed following the successful
completion of a deferred judgment or de layed sentence, none of which
were felony offenses listed in Section 1 3.1 of Title 21 of the
Oklahoma Statutes or would require the person to register pursuant
to the provisions of the Se x Offenders Registration Act, no felony
or misdemeanor charges are pending against the person , and at least
ten (10) years have passed sinc e the charges were dismissed;
15. The person has been charged or arrested or is the subject
of an arrest warrant fo r a crime that was comm itted by another
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person who has appropriated or used the person's name or other
identification without the person 's consent or authorization; or
15. 16. The person was convicted of a nonviolent felony offense
not listed in Section 5 71 of Title 57 of the Oklah oma Statutes which
was subsequently reclass ified 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 th e sentence for the crime that was
reclassified as a misdemeanor, any restitution order ed 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, includi ng any person who failed a treatment
program which resulted in an accelerated or revok ed sentence that
has since been successfully completed by the person or the person
can show successful completion of a treatment program at a l ater
date. Persons seeking an expungement of records under the
provisions of this paragraph may utilize the expu ngement forms
provided in Section 2 18a of this act title.
B. For purposes of Section 18 et seq. of this title,
"expungement" shall mean the sealing of criminal records, as well as
any public civil record, involv ing actions brought by and against
the State of Oklahoma arising from the same arrest, transaction or
occurrence.
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C. For purposes of seeking an expungement under the provisions
of paragraph 10, 11, 12 or 13 of su bsection A of this section,
offenses arising out of the same transaction or occurrence shall be
treated as one conviction and offense.
D. Records expunged pursuant to par agraphs 4, 8, 9, 10, 11, 12,
13, 14 and, 15 and 16 of subsection A of this section shall be
sealed to the public but not to law enforcement agencies for law
enforcement purposes. Records e xpunged pursuant to paragraphs 8, 9,
10, 11, 12 and, 13 and 14 of subsection A of this section shall be
admissible in any sub sequent 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 , or 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 b e sealed to the public but not to the
Pardon and Parole Board.
SECTION 2. This act shall become eff ective November 1, 2022.
58-2-10906 GRS 03/02/22