Req. No. 10502 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1071 By: Lowe (Jason)
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 18, as last amended by Section 12,
Chapter 452, O.S.L. 2024 ( 22 O.S. Supp. 2024, Section
18), which relates to criminal arrest record
expungements; providing automatic expungements for
certain misdemeanor convictions; authorizing the
filing of petitions for automatic expungement;
allowing certain agencies and intere sted persons to
seek an order unsealing records; directing the
Supreme Court to promulgate rules as necessary; 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 last
amended by Section 12, Chapter 452, O.S.L. 2024 (22 O.S. Supp. 2024,
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 one of the following
categories:
1. The person has been acquitted;
Req. No. 10502 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. The conviction was reversed with instructions to dismiss by
an appellate court of competent jurisdiction, or an appellate court
of competent jurisdiction reversed the conviction and th e
prosecuting agency subsequently dismissed the charge;
3. The factual innocence of the person was established by the
use of deoxyribonucleic acid (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 Gove rnor 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 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 receiv ed 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 an d 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,
Req. No. 10502 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
however, this category shall not apply to charges that have been
dismissed following th e completion of a deferred judgment or delayed
sentence;
8. The person was ch arged with a misdemeanor, the charge was
dismissed following the successful 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 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 Statute s, the
charge was dismissed following the successful 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 five (5) years have pa ssed 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) without a term of imprisonment or a suspended sentence,
the fine has been paid o r satisfied by time served in lieu of the
fine, the person has not been convic ted of a felony and no felony or
misdemeanor charges are pending against the person;
11. The person was convicted of a misdemeanor offense, the
person was sentenced to a term of imprisonment, a suspended sentence
Req. No. 10502 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
or a fine in an amount greater than Five Hundred Dollars ($500.00),
the person has not been convicted of a felony, no felony or
misdemeanor charges are pending against the person and at least five
(5) years have passed s ince the end of the last misdemeanor
sentence;
12. The person was convicted o f a nonviolent felony offense not
listed in Section 571 of Title 57 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 are 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 convicte d of not more than two felony
offenses, none of which is a felony offense list ed 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 felony conviction;
14. The person was charged with not more than two felony
offenses and the charges wer e dismissed following the successful
completion of a deferred judgment or dela yed sentence, none of which
were felony offenses listed in Section 13.1 of Title 21 of the
Oklahoma Statutes or would require the person to register pursuant
Req. No. 10502 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 charges were dismissed;
15. 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 u sed the person's name or other
identification without the person 's consent or authorization; or
16. 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 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.
Req. No. 10502 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. For purposes of Section 18 et seq. of this title,
"expungement" shall mean the seali ng of criminal records, as well as
any public civil record, involving actions brought by and against
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 s hall be eligible to 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, 15, or 16 of subsection A of this section.
D. 1. Beginning November 1, 2025, any person who was convicted
of a nonviolent misdemeanor offense, at least ten (10) years have
passed since the date of conviction, the person has not been
convicted of a felony, all fines, fees, and restitution if ordered
by the court have been paid, and no felony or misdemeanor charges
are pending against the person, shall have his or her nonviolent
misdemeanor criminal arrest records automatically expunged.
2. Nothing in this section precludes a person from filing a
petition for expungement of records that is eligible for automatic
expungement if an automatic expungement has not occurred pursuant to
this subsection.
Req. No. 10502 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. An automatic expungement performed under the provisions of
this subsection shall not preclude the prosecuting agency, the
arresting agency, the Oklahoma State Bureau of Investigation, or
other interested person or agency from petitionin g the court for an
order unsealing said records in accordance with subsection O of
Section 19 of this title.
4. If deemed necessary, the Supreme Court shall promulgate
rules for the district courts in order to implement the provisions
of this subsection.
E. 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 shall be
treated as one conviction and offense.
E. F. Records expunged pursuant to paragraphs 4, 8, 9, 10, 11,
12, 13, 14, 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 expunged pursuant to paragraphs 8, 9,
10, 11, 12, 13 and 14 of subsection A of this section shall be
admissible in any subsequent cri minal 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 of
subsection A of this section may also include the sealing of Pardon
and Parole Board records related to an application for a pardon.
Req. No. 10502 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Such records shall be sealed to the public but not to the Pardon and
Parole Board.
SECTION 2. This act shall become effective November 1, 202 5.
60-1-10502 GRS 12/19/24