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SENATE FLOOR VERSION
April 16, 2025
AS AMENDED
ENGROSSED HOUSE
BILL NO. 2235 By: Munson, Deck, Kannady,
Archer, Humphrey, Manger,
Stewart, Pittman, and
Woolley of the House
and
Daniels and Goodwin of the
Senate
[ convictions – expungement – requests – hearings –
notice – definition – liability – incarceration –
compensation - guidelines – awards – circumstances
– limitations – coverage – revolving fund – purpose
– reimbursement – information – tuition – children
– credit hours – term – codification – effective
date –
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 19, as last
amended by Section 2, Chapter 259, O.S.L. 2024 (22 O.S. Supp. 2024,
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.
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B. The process for the automatic expungement of a clean slate
eligible arrest record as defined in subsection C of Section 18 of
this title is as follows:
1. On a monthly basis, the Oklahoma State Bure au of
Investigation shall identify arrest records which are clean slate
eligible 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 arrest record s to the prosecuting agency and
the arresting agency;
3. The prosecuting agency, arresting agency, and the Bureau
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
transmitted to all parties. An objection may be made for any of the
following reasons:
a. after reviewing the agency record, the agency believes
the arrest record does not meet the definition of a
clean slate eligible arrest record,
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 arrest record is continuing to e ngage
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in criminal activity, whether charged or not charged,
within or outside the state;
4. If an agency identified in paragraph 3 of this subsection
objects for a reason described in paragraph 3 of this subsection
within forty-five (45) days of the day o n which the notice described
in paragraph 2 of this subsection is transmitted, the record shall
not be expunged. Once a year, the Bureau shall electronically
submit a report to the Legislature with a list of all cases where a
record was not expunged pursu ant 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 a nd no parties objected.
The court shall review this list and provide to all agencies that
have criminal history records a signed expungement order for all
cases approved. Upon receipt of a signed expungement order, each
agency shall seal the relevant rec ords.
The Bureau and the Supreme Court may promulgate rules to govern
the process for automatic expungement of records for a clean slate
eligible arrest record in accordance with this subsection.
C. 1. Nothing in this section precludes an individual from
filing a petition for expungement o f records that are eligible for
automatic expungement under subsection C of Section 18 of this title
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if an automatic expungement has not occurred pursuant to subsection
B of this section.
2. An individual does not have a cause of action for damages as
a result of the failure of the Bureau to identify an arrest record
as eligible for automatic expungement.
D. An automatic expungement granted under subsection B of this
section does not preclude an individual from requesti ng the
unsealing of records in accor dance with subsection P 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 shall 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
agency whom the court has reason to believe may have relevant
information related to the sealing of such re cord.
F. If a petitioner requests e xpungement for multiple offenses
in one county, each of which would qualify for expungement if
processed sequentially, the expungements may be considered under a
single petition. The petitioner shall not be required to submit
multiple petitions to accomplish the sequential sealing of multiple
offenses in a single county.
G. Upon a finding that the harm to privacy of the person in
interest or dangers of unwarranted adverse consequences outweigh the
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public interest in ret aining the records, the court may or der such
records, or any part thereof except basic identification
information, to be sealed. If the 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 shall specify those
agencies to which such order shall apply. Any order entered
pursuant to this subsection may be appealed b y the petitioner, the
prosecuting agency, the arresting agency, or the Oklahoma State
Bureau of Investigation to the Supreme Court in accordance with the
rules of the Supreme Court. In all such appeals, the Oklahoma State
Bureau of Investigation is a nece ssary party and must be given
notice of the appellate proceedings.
H. Upon the entry of an order to seal the records, or any part
thereof, or upon an automatic expungement described in subsection B
of this section, the subject official actions shall be de emed never
to have occurred, and the person in interest and all criminal
justice agencies may properly reply, upon any inquiry in the matter,
that no such action ever occurred and that no such record exists
with respect to such person.
I. Inspection of th e 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
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General, or by the prosecuting agency and only to those persons and
for such purposes nam ed in such petition.
J. Employers, educational institutions, state and local
government agencies, officials, and employees shall not, in any
application or interview or otherwise, require an applicant to
disclose any information contained in sealed record s. An applicant
need not, in answer to any question concerning arrest and criminal
records, provide information that has been sealed, including any
reference to or information concerning such sealed information and
may state that no such action has ever o ccurred. 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.
K. All arrest and criminal records information existing prior
to May 14, 1987, except basic identification information, is also
subject to sealing in accordance with subsection G of this section.
L. Nothing in this section shall be construed to authorize the
physical destruction of any criminal justice records.
M. For the purposes of this section, sealed materials which are
recorded in the same document as unsealed material may be recorded
in a separate document, and sealed, then obliterated in the original
document.
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N. For the purposes of this section, district court index
reference of sealed material shall be destroyed, removed or
obliterated.
O. 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.
P. Subsequent to records being sealed a s 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 such records. Upon filing o f a
petition, the court shall set a date for hearing, which hearing may
be closed at the discretion of the court, and shall provide thirty
(30) days of notice to all interested parties. If, upon hearing,
the court determines there has been a change of con ditions or that
there is a compellin g reason to unseal the records, the court may
order all or a portion of the records unsealed.
Q. Nothing herein shall prohibit the introduction of evidence
regarding actions sealed pursuant to the provisions of this sec tion
at any hearing or trial for purposes of impeaching the credibility
of a witness or as evidence of character testimony pursuant to
Section 2608 of Title 12 of the Oklahoma Statutes.
R. If a person qualifies for an expungement under the
provisions of paragraph 3 of subsection A of Sectio n 18 of this
title and the petition for expungement is granted by the court, the
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court shall order the reimbursement of all filing fees and court
costs incurred by the petitioner as a result of filing the
expungement request.
S. If a person qualifies for an expungement under the
provisions of paragraph 3 or 4 of subsection A of Section 18 of this
title, the person may request a hearing be set within thirty (30)
days after the date of filing the petition for expungement. The
court shall grant the request f or the hearing and shall provide a
notice of no less than ten (10) days for said hearing to the
prosecuting agency, the arresting agency, the Oklahoma State Bureau
of Investigation, and any other person or agency whom th e court has
reason to believe may have relevant information related to the
sealing of such record. Any order entered pursuant to the
provisions of this subsection shall be subject to the provisions of
subsections F through P of this section.
T. Any offense that has been expunged shall not be treated as a
prior offense in determining whether another offense qualifies for
an expungement under Section 18 of this title.
SECTION 2. AMENDATORY 51 O.S. 2021, Section 154, is
amended to read as follows:
Section 154. A. The total liability of the state and its
political subdivisions on claims within the scope of The
Governmental Tort Claims Act, arising out of an accident or
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occurrence happening after October 1, 1985, Section 151 et seq. of
this title, shall not exceed:
1. Twenty-five Thousand Dollars ($25,000.00) for any claim or
to any claimant who has more than one claim for loss of property
arising out of a single act, accident, or occurrence;
2. Except as otherwise provided in this paragraph, One Hundred
Twenty-five Thousand Dollars ($125,000.00) to any claimant for a
claim for any other loss arising out of a single act, accident, or
occurrence. The limit of liability for the state or any city or
county with a population of three hu ndred thousand (300,000) or more
according to the latest Federal Decennial Census, or a political
subdivision as defined in subparagraph s of paragraph 11 of Section
152 of this title, shall not exceed One Hundred Seventy -five
Thousand Dollars ($175,000.00 ). Except however, the limits of the
liability for the University Hospitals and State Mental Health
Hospitals operated by the Department of Mental Health and Substance
Abuse Services for claims arising from medical negligence shall be
Two Hundred Thousand Dollars ($200,000.00). For claims arising from
medical negligence by any licensed physician, osteopathic physician
or certified nurse-midwife rendering prenatal, delivery or infant
care services from September 1, 1991, through June 30, 1996,
pursuant to a contract authorized by subsection B of Section 1 -106
of Title 63 of the Oklahoma Statutes and in conformity with the
requirements of Section 1 -233 of Title 63 of the Oklahoma Statutes,
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the limits of the liability shall be Two Hundred Thousand Dollars
($200,000.00); or
3. One Million Dolla rs ($1,000,000.00) for any number of claims
arising out of a single occurrence or accident.
B. 1. Beginning on May 28, 2003 July 1, 2025, claims shall be
allowed for wrongful criminal felony conviction resulting in
imprisonment if the claimant has received a full pardon on the basis
of a written finding by the Governor of actual innocence for the
crime for which the claimant was sentenced or has been granted
judicial relief absolving the claimant of guilt on the basis o f
actual innocence of the crime for which the claimant was sentenced.
The Governor or the court shall specifically state, in the pardon or
order, the evidence or basis on which the finding of actual
innocence is based.
2. As used in paragraph 1 of this s ubsection, for a claimant to
recover based on "actual innocence", the individual must meet the
following criteria:
a. the individual was charged, by indictment or
information, with the commission of a public offense
classified as a felony,
b. the individual did not plead guilty to the offens e
charged, or to any lesser included offense, but was
convicted of the offense,
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c. the individual was sentenced to incarceration for a
term of imprisonment as a result of the conviction,
d.
c. the individual was imprison ed solely on the basis of
the conviction for the offense, and
e.
d. (1) in the case of a pardon, a determination was made
by either the Pardon and Parole Board or the
Governor that the offense for which the
individual was convicted, sentenced and
imprisoned, including any lesser offenses, wa s
not committed by the individual, or
(2) in the case of judicial relief, a court of
competent jurisdiction found by clear and
convincing evidence that the offense for which
the individual was convicted, sentenced and
imprisoned, including any lesser included
offenses, was not committed by the individual and
issued an order vacating, dismissing or reversing
the conviction and sentence and providing that no
further proceedings can be or will be held
against the individual on any facts and
circumstances alleged in the proceedings which
had resulted in the conviction.
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3. A claimant shall not be entitled to compensation for any
part of a sentence in prison during which the claimant was also
serving a concurrent sentence for a crime not covered by this
subsection.
4. The total liability of the state and its political
subdivisions on any claim within the scope of The Governmental Tort
Claims Act arising out of wrongful criminal felony conviction
resulting in imprisonment shall not exceed One Hundred Seventy -five
Thousand Dollars ($175,000.00) be in an amount equal to Fifty
Thousand Dollars ($50,000.00) multiplied by the number of years
served in prison, expressed as a fraction to reflect partial years .
5. In addition to the awa rd of damages provided for in
paragraph 4 of this subsection, a claimant who served his or her
time on death row shall be entitled to receive supplemental
compensation in the amount of Fifty Thousand Dollars ($50,000.00)
multiplied by the number of years t he person served on death row,
expressed as a fraction to reflect partial years.
6. In addition to the award of damages provided for in
paragraph 4 of this subsection, a claimant who was released on
parole or released under conditions of probation shall b e entitled
to receive supplemental compensation in the amount of Twenty -five
Thousand Dollars ($25,000.00) multiplied by the number of years the
person was on parole or under probation, expressed as a fraction to
reflect partial years.
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7. A claimant entit led to compensation under the provis ions of
this subsection shall be entitled to an award of damages under this
subsection of One Million Dollars ($1,000,000.00) or less shall be
paid to the claimant in a lump sum. If an award of damages under
this subsection exceeds One Million Dollars ($1,000,000.00), then
One Million Dollars ($1,000,000.00) of the award shall be paid to
the claimant in a lump sum and the remainder shall be paid annually
in equal payments over a period of three (3) years.
8. A claimant entitled to compensation under the p rovisions of
this subsection shall be eligible to obtain group health benefit
plan coverage through the Department of Corrections as if the person
were an employee of the Department. The provisions of this
paragraph shall not entitle the spouse or other dependent or family
member to group health benefit plan coverage. Coverage may be
obtained under the provisions of this paragraph for a period of time
equal to the total period the claimant served for the crime for
which the claimant was wrongfully incarce rated, including any period
during which the claimant was released on parole or released under
conditions of probation. A claimant who elects to obtain coverage
under the provisions of this paragraph shall pay a monthly
contribution equal to the total amount of the monthly contribution
for that coverage that an employee of the Department would pay. The
Legislature shall appropriate funds to the Tort Claims Liability
Revolving Fund for costs associated with providing gro up health
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benefit plan coverage by t he Department to a claimant under the
provisions of this paragraph. The Department may seek reimbursement
from the Tort Claims Liability Revolving Fund for all expenditures
related to providing said coverage.
9. The provisions of this subsection shall apply to convictions
exonerations occurring on or before May 28, 2003, as well as
convictions occurring and after May 28, 2003 July 1, 2025. If a
court of competent jurisdiction finds that retroactive application
of this subsection is unconstitutional, the prospective application
of this subsection shall remain valid .
C. No award for damages in an action or any claim against the
state or a political subdivision shall include punitive or exemplary
damages.
D. When the amount awarded to or settled upon multiple
claimants exceeds the limitations of this section, any party may
apply to the district court which has jurisdiction of the cause to
apportion to each claimant the claimant's proper share of the total
amount as limited herein. The share apportioned to each claimant
shall be in the proportion that the ratio of the award or settlement
made to him bears to the aggregate awards and settlements for all
claims against the state or its political subdivisions arising out
of the occurrence. When the amount of the aggregate losses
presented by a single claimant exceeds the limits of paragraph 1 or
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2 of subsection A of this section, each person suffering a loss
shall be entitled to that person's proportionate share.
E. The total liability of resident physicians a nd interns while
participating in a graduate medical education program of the
University of Oklahoma College of Medicine, its affiliated
institutions and the Oklahoma College of Osteopathic Medicine and
Surgery shall not exceed One Hundred Thousand Dollars ($100,000.00).
F. The state or a political subdivision may petition the court
that all parties and actions arising out of a single accident or
occurrence shall be joined as provided by law, and upon order of the
court the proceedings upon good cause show n shall be continued for a
reasonable time or until such joinder has been completed. The state
or political subdivision shall be allowed to interplead in any
action which may impose on it any duty or liability pursuant to The
Governmental Tort Claims Act.
G. The liability of the state or political subdivision under
The Governmental Tort Claims Act shall be several from that of any
other person or entity, and the state or political subdivision shall
only be liable for th at percentage of total damages that corresponds
to its percentage of total negligence. Nothing in this section
shall be construed as increasing the liability limits imposed on the
state or political subdivision under The Governmental Tort Claims
Act.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 360.2 of Title 57, unless there
is created a duplication in numbering, reads as follows:
A. The Department of Corrections shall provide to each
wrongfully imprisoned person informa tion that includes:
1. A copy of Section 154 of Title 51 of the Oklahoma Statutes
which sets forth the extent of liability of the state and its
political subdivisions for wrongful criminal felony convictions and
imprisonment pursuant to The Governmental Tort Claims Act; and
2. A list of and contact information for nonprofit advocacy
groups, identified by the Department, that assist persons upon
release from a penal institution.
B. The Department shall provide the infor mation:
1. At the time of the relea se of the wrongfully imprisoned
person from a penal institution; or
2. As soon as practicable after the Department has reason to
believe that the person is entitled to compensation.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3218.7 -2 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. Within The Oklahoma State System of Higher Education or the
system of career techn ology districts, no resident tuition ,
nonresident tuition, room and board, and any mandatory fees
associated with such attendance shall be charged to:
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1. A person who was wrongfully incarcerated and awarded
compensation pursuant to the provisions of subse ction B of Section
154 of title 51; and
2. Children of any person wrongfully incarcerated and the
person was awarded compensation pursuant to the provisions of
subsection B of Section 154 of title 51.
B. Such waiver of resident tuition, nonresident tuiti on, room
and board, and mandatory fe es associated with such attendance shall
be limited to one hundred twenty (120) credit hours.
C. As used in this section, the term "children" includes
children by birth and by adoption.
SECTION 5. This act shall become effective July 1, 2025.
SECTION 6. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passa ge and approval.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
April 16, 2025 - DO PASS