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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3037 By: Stinson
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 18, as amended by Sectio n 1,
Chapter 143, O.S.L. 2022 (22 O.S. Sup p. 2023, Section
18), which relates to the expung ement of criminal
arrest records; modifying qualifications for persons
requesting criminal arrest record expungements;
adding category; restoring rights of persons to
possess firearms or weapons after felony conviction
expungement; 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, as
amended by Section 1, Chapter 143, O.S.L. 2022 (22 O. S. Supp. 2023,
Section 18), is amended to read as follows:
Section 18. A. Persons authorized to file a motion for
expungement, as provided herein, must be within o ne of the following
categories:
1. The person has been acquitted;
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2. The conviction was r eversed 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 ch arge;
3. The factual innocence of the per son 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 receiv ed 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 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 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
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 prosecuti ng agency
confirms that the charge or charges will not be refiled; provided,
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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 m isdemeanor, the charge was
dismissed following the successful compl etion of a deferred judgment
or delayed sentence, the person has never been convicted of a
felony, no misdemeanor or felony charges are pending aga inst the
person and at least one (1) year has passed since the charge was
dismissed;
9. The person was charg ed with a nonviolent felony offense not
listed in Section 571 of Title 57 of the Oklahoma Statutes , the
charge was dismissed following the successf ul completion of a
deferred judgment or de layed 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 pas sed since the
charge was dismissed;
10. The person was convicted of a misdemeanor offense, the
person was sentenced to a fine of less than Five Hundred One Dollars
($501.00) One Thousand One Dollars ($1,001.00) 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 per son has not
been convicted of a felony and no felony or misdemeanor charges are
pending against the pers on;
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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)
One Thousand Dollars ($1,000.00), 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) three (3) 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)
five (5) 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 or received a
deferred sentence for one or more 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 last 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
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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 or received a deferred sentence
for a nonviolent felony offense not listed in Section 571 o f 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 completi on 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;
or
16. A person participating in and successfully compl eting a
diversion program for either a misdemeanor or felony offense or
offenses shall be immediately eligible to have the offense or
offenses expunged after completion of all court-ordered program
conditions and payment of all fines, fees, costs, and assessments.
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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, involvin g actions brought by and a gainst
the State of Oklahoma arising from the same arrest, transaction o r
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 paragraph 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 provisions
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.
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 paragraphs 8, 9, 10, 11, 12
and 13 of subsection A of this section shall be admi ssible 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
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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 Pa role Board.
F. Any person who has had a felony conviction expunged pursuant
to the provisions of this section, and has not been convicted of any
other felony offense which has not been pardoned or expunged, shall
have restored the right to possess any firear m or other weapon
prohibited by subsection A of Section 1283 of Title 21 of the
Oklahoma Statutes, the right to apply for a nd carry a handgun,
concealed or unconcealed, pursuant to the provisions of the Oklahoma
Self-Defense Act or as otherwise permitted b y law, and have the
right to perform the duties of a peace officer or gunsmith, and for
purposes of performing firearm repairs.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
02/28/2024 - DO PASS.