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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1689 By: Gollihare
AS INTRODUCED
An Act relating to criminal records; amending 22 O.S.
2021, Section 18, as last amended by Section 1,
Chapter 143, O.S.L. 2022 (22 O. S. Supp. 2023, Section
18), which relates to expunge ment of records;
expanding eligibility for clean slate expungement;
requiring unsealing of certain expunged records upon
subsequent conviction; updating s tatutory reference;
and providing an effective dat e.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 18, as last
amended by Section 1, Chapter 143, O.S.L. 2022 (22 O.S. Supp. 2023,
Section 18), is amended to read as fo llows:
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;
2. The conviction was rev ersed with instructions to dismiss by
an appellate court of competent jurisdiction, or an appellate court
of competent jurisdiction reversed the conviction and the
prosecuting agency subsequently dismissed the charge;
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3. The factual innocence of the perso n was established by the
use of deoxyribonucleic a cid (DNA) evidence 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 arrested 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 pr osecuting 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 never
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 prosecuting agency
confirms that the charge or charges will n ot 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;
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8. The person was charged with a mis demeanor, the charge was
dismissed following the s uccessful completion of a deferred judgment
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 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 dela yed 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, t he
person was sentenced to a fine of less than Fiv e Hundred One Dollars
($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
fine, the person has not been convicted of a felony and no felony or
misdemeanor charges are pending a gainst the person;
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),
the person has not been convicted of a f elony, no felony or
misdemeanor charges are pending against the person and at least five
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(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 5 7 of the Oklahoma 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 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 off ense 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 sent ence for the 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
person who has appropriated or used the person ’s name or other
identification without the person ’s consent or authorization; or
15. The person was convicted of 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
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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 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 accel erated 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 u tilize the expungement forms
provided in Section 18a of this title; or
16. The person was convicted of not more than one nonviolent
felony offense not listed in Section 571 of Title 57 of the Oklahoma
Statutes; the person has completed the sentence ; 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 accel erated or
revoked sentence that has since been su ccessfully completed by the
person or the person can show successful completion of a treatment
program at a later date.
B. For purposes of Section 18 et seq. of this title,
“expungement” shall mean the sealin g of criminal records, as well as
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any public civil record, involving actions brou ght by and against
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 on November 1, 2025, 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 where each charge within the case is pursuant to
paragraph 1, 2, 3, 5, 6, 7, 8, 10, 11, 14, or 15, or 16 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 s ection,
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, or 16 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 subseq uent criminal prosecution to prove the
existence of a prior conviction or prior deferred judgment without
the necessity of a cou rt order requesting the unsealing of the
records. Records expunged pursuant to paragraph 4, 6, 12 or 13 of
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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
Parole Board. Records expunged pursuant to paragraph 16 of
subsection A of this section shall be unsealed if the person is
convicted of a subsequent misdemeanor or felony offense.
SECTION 2. This act shall become effective November 1, 2024.
59-2-2362 TEK 1/16/2024 2:59:37 PM