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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3316 By: Miller, Talley and Echols
of the House
and
Pugh of the Senate
COMMITTEE SUBSTITUTE
An Act relating to expungements; amending 22 O.S.
2021, Sections 18 and 19, which relate to the
expungement of criminal arrest rec ords; providing for
the automatic sealing of records under certain
circumstances; defining term; providing procedures
and guidelines for the automatic expungement of
certain eligible cases; requiring the submission of
certain report to the Legislature; requiring the
promulgation of rules; providing for the filing of
expungement petitions and unsealing of records apart
from the automatic expungement process; prohibiting
any cause of action for failing to identi fy eligible
cases; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 18, is
amended to read as follows:
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Section 18. A. Persons authoriz ed to file a motion for
expungement, as provided herein, must be within o ne of the following
categories:
1. The person has been acquitted;
2. The conviction was rev ersed with instructions to dismiss by
an appellate court of compe tent jurisdiction, or an appellate court
of competent jurisdiction reversed the conviction and the
prosecuting agency subsequently dismissed the charge;
3. The factual innocence of the perso n was established by the
use of deoxyribonucleic acid (DNA) evide nce 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 arreste d and no charges of any t ype,
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 pr osecuting agency has declined to
file charges;
6. The person was under eighteen (18) year s of age at the time
the offense was committed and the person has receive d 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 nev er
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been convicted of a fe lony, 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 mis demeanor, the charge was
dismissed following the successful compl etion of a deferred judgm ent
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 ha s passed since the charge was
dismissed;
9. The person was charg ed with a nonviolent felo ny 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 dela yed sentence, the person has never been
convicted of a felony, no misdemeanor or felony ch arges are pending
against the person and at least five (5) years have pas sed since the
charge was dismissed;
10. The person was convicted of a misdemeanor offense, t he
person was sentenced to a fine of less than Five Hundred One D ollars
($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
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fine, the person has not been convicted of a felony and no felony or
misdemeanor charges are pending against the pers on;
11. The person was c onvicted 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),
the person has not been convicted of a felony, no felon y or
misdemeanor charges are pending against the person and at least five
(5) years have passed si nce the end of the last misdemeanor
sentence;
12. The person was convicted of a nonviolent f elony offense not
listed in Section 571 of Title 57 of the Oklaho ma 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 a re pending against the
person and at least five (5) years have pa ssed 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 re gister 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 sent ence for the felony c onviction;
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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 authoriza tion; 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 re stitution ordered by the court
to be paid by the person has been satisfied in full, and an y
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 accel erated or revoked sentence that
has since been successfully compl eted 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 u tilize the expungement 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 sealin g of criminal records, as well as
any public civil record, involving actions brought by and a gainst
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the State of Oklahoma arising from the same arrest, transaction or
occurrence.
C. Beginning three (3) years after the effective date of this
act and subject to the availability of funds, individuals with clean
slate eligible cases shall be eligible t o have their criminal
records sealed automatically. For purposes of Section 18 et seq. of
this title, "clean slate eligible case" shall mean a case wher e each
charge within the case is pursuant to paragraphs 1, 2, 3, 5, 6, 7,
8, 10, 11, 14 or 15 of subsection A of this section.
D. For purposes of seeking an expungement under the provision s
of paragraph 10, 11, 12 or 13 of subsection A of this section,
offenses arising out of the same transaction or occurrence shal l be
treated as one conviction and of fense.
D. E. Records expunged pursuant to paragraphs 4, 8, 9, 10, 11,
12, 13, 14 and 15 of subsection A of this section shall be sealed to
the public but not to la w enforcement agencies for law enforcement
purposes. Records expunged pursuant to paragraph s 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. Record s
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
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records related to an application for a pardon. Such records s hall
be sealed to the public but not to the Pardon and Pa role Board.
SECTION 2. AMENDATORY 22 O.S. 202 1, Section 19, is
amended to read as follows:
Section 19. A. Any person qualified under Section 18 of this
title may petition the district court of the district in which the
arrest information pertaining to the person is located for the
sealing of all or any part of the record, except basic
identification information.
B. The process for the automatic expungement of a cle an slate
eligible case as defined in subsecti on C of Section 18 o f this title
is as follows:
1. On a monthly basis, the Oklahoma State Bureau of
Investigation shall identify cases which are clean slate eligib le by
conducting a search of the criminal history repository records of
the Bureau;
2. The Bureau shall, on a monthly basis, provide a list of
clean slate eligible cases to the prosecuting agency and the
arresting agency;
3. The prosecuting agency, arresting agency, and the Bur eau
may, no later than forty-five (45) days from the day on which the
notice described in paragraph 2 of this subsection is transmitted,
object to an automatic expungement and such objection shall be
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transmitted to all parties. An objection may be made for any of the
following reasons:
a. after reviewing the agency record, the agency believe s
the case does not meet the definition of a clean slate
eligible case,
b. the individual has not paid court -ordered restitution
to the victim, or
c. the agency has a reasonable belief, grounded in
supporting facts, that an individual with a clean
slate eligible case is continuing to engage in
criminal activity, whether charged or not charged,
within or outside the state;
4. If an agency identified in paragraph 3 of thi s subsection
objects for a reason described in paragraph 3 of this subsection
within forty-five (45) days of the day on which the notice described
in paragraph 2 of this subsection is transmitted, the record shall
not be expunged. Once a year, the Bureau shall submit a report to
the Legislature with a list of all cases where a record was not
expunged pursuant to this paragraph ; and
5. After forty-five (45) days pass from the day on which the
notice described in paragraph 2 of this subsection is sent, the
Bureau shall provide to the courts a list of all cases where
responses from all parties were received and no parties objected.
The court shall review thi s list and provide to all agencies that
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have criminal history records a signed expungement order for a ll
cases approved. Upon receipt of a signed expungement order, each
agency shall seal the relevant records.
The Bureau and the Administrative Of fice of the Courts shall
promulgate rules to govern the process for automatic expungemen t of
records for a clean slate eligible case in accordance with this
subsection.
C. 1. Nothing in this sectio n precludes an individual from
filing a petition for expunge ment of records that are eligible for
automatic expungement under subsection C of Section 18 of this title
if an automatic expungement has not occurred pursuant to subsection
B of this section.
2. An individual does not have a cause o f action for damages as
a result of the failure of the Bureau to identify a case as eligible
for automatic expungement.
D. An automatic expungement granted under subsection B of this
section does not preclude a n individual from requesting the
unsealing of records in accordan ce with subsection O of this
section.
E. Upon the filing of a petition or entering of a court order
as prescribed in subsection A of this section, the court shall set a
date for a hearing and shal l provide thirty (30 ) days of notice of
the hearing to the prosecuting agency, the arresting agency, the
Oklahoma State Bureau of Investigation, and any other person or
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agency whom the court has r eason to believe may have rele vant
information related to th e sealing of such re cord.
C. F. Upon a finding that the ha rm to privacy of the person in
interest or dangers of unwarranted adverse consequences outweigh the
public interest in retaining the reco rds, the court may order such
records, or any part thereof e xcept basic identifi cation
information, to be sealed. If t he court finds that neither sealing
of the records nor maintaining of the records unsealed by the agency
would serve the ends of justice, the court may enter an appropriate
order limiting access to such records.
Any order entered under this subsection shal l specify those
agencies to which such order shall apply. Any order entered
pursuant to this subsection may be appealed by the petitione r, the
prosecuting agency, the arresting agency, or the Okla homa State
Bureau of Investigation to the Oklahoma Supreme Court in accordance
with the rules of the Oklahoma Supreme Court. In all such appeals,
the Oklahoma State Bu reau of Investigation is a n ecessary party and
must be given notice of the appellate pro ceedings.
D. G. Upon the entry of an order to seal the rec ords, or any
part thereof, or upon an automatic expungement described in
subsection B of this section, the subject official actions shall be
deemed never to have occurred, and the person in interest and all
criminal justice agencies may properly reply, upo n any inquiry in
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the matter, that no such action ever occurred and that no such
record exists with resp ect to such person.
E. H. Inspection of the records included in the order may
thereafter be permitted by the court only upon petition by the
person in interest who is the subject of such records, the Attorney
General, or by the prosecuting agency and only to those persons and
for such purposes named in such petition.
F. I. Employers, educational institutions, state and local
government agencies, official s, and employees shall not, in any
application or interview or otherwise, require an applicant to
disclose any information contained in s ealed records. An applicant
need not, in answer to any question concerning arrest and criminal
records, provide inform ation that has been sealed, including any
reference to or information concerning such sealed information and
may state that no such actio n has ever occurred. Such an
application may not be denied solely because of the refusal of the
applicant to disclose arrest and criminal records information that
has been sealed.
G. J. All arrest and criminal records informat ion existing
prior to the effective date of this section, except basic
identification information, is also subject to sealing in accordance
with subsection C F of this section.
H. K. Nothing in this section shall be construed to authorize
the physical destruction of any criminal justice records.
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I. L. For the purposes of this section, sealed materials which
are recorded in the same document as unse aled material may be
recorded in a separate document, and sealed, then obliterated in the
original document.
J. M. For the purposes of this section, district court in dex
reference of sealed material shall be destroyed, removed or
obliterated.
K. N. Any record ordered to be sealed pursuant to this section,
if not unsealed within ten (10) years of the expungement order, may
be obliterated or destroyed at the end of the ten-year period.
L. O. Subsequent to records being sealed as provided herein,
the prosecuting agency, the arresting agency, the Oklahoma State
Bureau of Investigation, or other interested person or agency may
petition the court for an order unsealing said records. Upon filing
of a petition the court shall set a date for hearing, which hearin g
may be closed at the discretion of the court, and shall provide
thirty (30) days of notice to all intereste d parties. If, upon
hearing, the court determines there h as 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.
M. P. Nothing herein shall prohibit the intr oduction of
evidence regarding actions sealed pursuant to the provisions of this
section at any hearing or trial for purposes of impeaching the
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credibility of a witness or as evidence of character testimony
pursuant to Section 2608 of Title 12 of the Oklah oma Statutes.
N. Q. If a person qualifies for an expungem ent under the
provisions of paragraph 3 of subsection A of Section 18 of this
title and said petition for expungement is granted by the court, the
court shall order the reimbursement of all filing f ees and court
costs incurred by the petitioner as a result of filing the
expungement request.
SECTION 3. This act shall become eff ective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
dated 02/17/2022 - DO PASS, As Amended and Coauthored.