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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 1055 By: Goodwin
AS INTRODUCED
An Act relating to expungement of records; 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 persons authorized for
expungement of records; providing automatic
expungements for certain misdemeanor convictions;
authorizing persons to file a petition for automatic
expungement; allowing certain agenci es and interested
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, mus t be within one of the following
categories:
1. The person has been acquitted;
2. The conviction was reversed with instructions to dismiss by
an appellate court of competent jurisdiction, or an appellate court
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of competent jurisdiction reversed the convi ction and the
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 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 fo r 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 perso n has received a full pardon
for the offense;
7. The person was charged with o ne 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 not be refiled; provided,
however, this category shall not apply to charges that have been
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dismissed following the completion of a deferred judgment or delayed
sentence;
8. The person was charged 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 Okla homa Statutes, 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) y ears have passed 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 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 against 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),
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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 since the end of the last misdemeanor
sentence;
12. The person was convicted of 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 convicted of not more than two felony
offenses, none of which is a felony o ffense 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 felony conviction;
14. The person was charged with not more than two felony
offenses and the charges were dismissed following the successful
completion of a deferred judgm ent or delayed 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
to the provisions of the Sex Offenders Registration Act, no felony
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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 approp riated or used 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 succ essfully
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.
B. For purposes of Section 18 et seq. of this title,
“expungement” shall mean the sealing of criminal records, as well as
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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 shall 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. On or after the effective date of this act , any person
who was convicted of a nonviolent misdemeanor offense shall h ave his
or her nonviolent misdemeanor criminal arrest records automatically
expunged if:
a. at least ten (10) years have passed since the date of
conviction,
b. the person has not been convicted of a felony,
c. all fines, fees, and restitution ordered by t he court
have been paid, and
d. no felony or misdemeanor charges are pending against
the person.
2. Nothing in this section precludes a person from filing a
petition for expungement of records that are eligible for automatic
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expungement if an automatic ex pungement has not occurred pursuant to
this subsection.
3. An automatic expung ement 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 petitioning the court for an
order unsealing the records in accordance with subsection P of
Section 19 of this title.
4. If deemed necessary, the Supreme Court shall promulgate
rules for the district courts to implement the p rovisions 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 o ffense.
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 para graphs 8, 9,
10, 11, 12, 13 and 14 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 unse aling of the
records. Records expunged pursuant to paragraph 4 or 6 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.
SECTION 2. This act shall bec ome effective November 1, 2025.
60-1-794 TEK 1/16/2025 2:53:07 PM