Expungement / Record Sealing Petition and Eligibility Memo — Oklahoma

Expungement / Record Sealing Petition and Eligibility Memo (OKLAHOMA)

Quick-Reference Summary

Part A — Eligibility Memo

TO: [CLIENT NAME]
FROM: [ATTORNEY NAME], [LAW FIRM]
RE: Eligibility for Expungement under 22 O.S. §§ 18, 18A, 19 / Set-Aside under § 991c
DATE: [__/__/____]

1. Executive Summary

Oklahoma offers three distinct record-relief mechanisms. First, a deferred-judgment defendant who successfully completes probation receives an automatic § 991c set-aside, which dismisses the case and updates the public court record. Second, the 2022 Clean Slate Act (HB 3316, codified at 22 O.S. § 18(C), expanded by HB 1770 in 2024) directs the Oklahoma State Bureau of Investigation (OSBI) and the courts to seal "clean slate eligible" cases automatically — subject to legislative appropriations and ongoing data-system upgrades. Third, full petition expungement under 22 O.S. §§ 18(A) and 19 remains available and is often the fastest, most reliable route, particularly for nonviolent felony convictions and for individuals whose automatic relief has not yet processed.

Based on the facts provided, [PETITIONER NAME] is [ELIGIBLE / NOT YET ELIGIBLE / INELIGIBLE] under 22 O.S. § [____], for the reasons stated below.

2. Petitioner Information

3. Eligibility Pathway Under 22 O.S. § 18(A)

4. Categorical Exclusions

5. Clean-Slate Automatic Expungement (22 O.S. § 18(C))

If automatic processing has not occurred, recommend filing a petition under § 18(A) and § 19 to obtain prompt judicial relief.

6. § 991c Deferred-Judgment Set-Aside

7. Recommendation

[Based on the analysis above, recommend (a) filing a § 19 petition under § 18(A)([__]) on or after [__/__/____]; or (b) waiting for automatic § 18(C) processing; or (c) curing eligibility gaps before filing. Identify any cure steps (restitution payoff, waiting-period completion, pardon application) that must precede filing.]

Part B — Petition Template

In the District Court of [COUNTY] County, State of Oklahoma
Case No.: [________________]

PETITION FOR EXPUNGEMENT OF CRIMINAL RECORDS PURSUANT TO 22 O.S. §§ 18 AND 19

Petitioner [PETITIONER NAME], by and through undersigned counsel, respectfully petitions this Court under 22 O.S. §§ 18 and 19 for an order sealing all records of the arrest, charge, and [disposition / conviction] identified below. In support, Petitioner states:

I. Petitioner

1. Petitioner's full legal name is [PETITIONER NAME].
2. Petitioner's date of birth is [__/__/____].
3. Petitioner's current address is [________________________________].
4. Petitioner's Social Security number (last four): [____].

II. Records Sought to Be Expunged

5. On [__/__/____], in this Court, Petitioner was [arrested for / charged with / convicted of] [OFFENSE NAME], in violation of [____ O.S. § ____], a [felony / misdemeanor], in Case No. [________].
6. The arresting agency was [________].
7. Disposition: [Acquittal / Dismissal / Deferred judgment / Conviction / Conviction reversed / Pardoned].
8. Petitioner [was sentenced to / received deferred judgment of] [SENTENCE], completed on [__/__/____].
9. Petitioner has paid all fines, restitution, costs, and other court-ordered financial obligations in full. (Receipts attached as Exhibit A.)

III. Statutory Eligibility (22 O.S. § 18(A)([__]))

10. Petitioner qualifies for expungement under 22 O.S. § 18(A)([CATEGORY NUMBER]) because:
    a. [Specific factual basis tracking subsection — e.g., "Petitioner was convicted of a single nonviolent felony in violation of [____ O.S. § ____], more than five (5) years have elapsed since completion of sentence, Petitioner has no other felony conviction in any jurisdiction, has no separate misdemeanor conviction within the past seven (7) years, and has no criminal proceedings pending."];
    b. The offense is not a violent felony enumerated at 57 O.S. § 571(2);
    c. The offense does not require sex-offender registration;
    d. [Petitioner has no convictions of any kind within the past seven (7) years (for § 18(A)(13))];
    e. All fines, restitution, and costs have been paid in full.

IV. Balancing Test (22 O.S. § 19(C))

11. The harm to Petitioner's privacy and the dangers of unwarranted adverse consequences outweigh the public interest in retaining the records. Specifically:
    - Petitioner has been law-abiding and rehabilitated for [____] years;
    - The record has caused [employment / housing / professional-licensing] hardship as documented in Exhibit B;
    - Letters of community reference are attached as Exhibit C;
    - Petitioner has [completed treatment / education / vocational training] as documented in Exhibit D.

V. Relief Requested

WHEREFORE, Petitioner respectfully requests that this Court:

A. Set this Petition for hearing as required by 22 O.S. § 19(B), with notice to the District Attorney for [COUNTY] County, the Oklahoma State Bureau of Investigation, the arresting agency, and any named victim;
B. Find that Petitioner qualifies for expungement under 22 O.S. § 18(A)([__]);
C. Find that the harms identified in Paragraph 11 outweigh the public interest in retaining the records;
D. Order the sealing of all court records, OSBI records, arresting-agency records, and prosecuting-agency records of the arrest, charge, and disposition identified above;
E. Direct that, upon expungement, Petitioner may state that no such arrest, charge, or conviction occurred, except as provided in 22 O.S. § 19(I);
F. Grant such other relief as the Court deems just and proper.

Respectfully submitted,

_______________________________
[ATTORNEY NAME], OBA No. [______]
[LAW FIRM]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Petitioner

Verification

I, [PETITIONER NAME], declare under penalty of perjury under the laws of the State of Oklahoma that the foregoing factual statements are true and correct.

_______________________________
[PETITIONER NAME], Petitioner
Date: [__/__/____]

Certificate of Service

I certify that on [__/__/____] a true copy of the foregoing Petition was served by certified mail, return receipt requested, on:

• District Attorney for [COUNTY] County;
• Oklahoma State Bureau of Investigation, Criminal History Reporting Unit, Oklahoma City, OK;
• [Arresting Agency], [ADDRESS];
• Any named victim(s); and
• Any other agency holding records of the offense.

_______________________________
[ATTORNEY NAME]

Part C — Filing Checklist

Pre-Filing

☐ Identify governing § 18(A) subsection and confirm all elements satisfied
☐ Confirm offense is not a violent felony under 57 O.S. § 571(2) and not a registrable sex offense
☐ Confirm applicable waiting period (5 / 10 / 7 / 1 years; or immediate) has run
☐ Confirm no convictions or pending charges in the disqualifying window
☐ Confirm all fines, restitution, costs paid (obtain receipts)
☐ Check OSBI Clean Slate portal to see if automatic processing under § 18(C) has occurred or is pending
☐ Pull OSBI criminal history report
☐ Pull certified copies of judgment, sentencing order, deferred-judgment dismissal order, pardon (where applicable)
☐ Identify victim(s), if any, and confirm notice address
☐ Gather privacy-harm and rehabilitation evidence

Filing

☐ Draft petition under §§ 18 and 19 (or local form)
☐ Attach proof of payment of financial obligations (Exhibit A)
☐ Attach harm and rehabilitation evidence (Exhibits B–D)
☐ Include verification under penalty of perjury
☐ Tender court filing fee plus OSBI processing fee (~$150 OSBI; court fee varies)
☐ File in district court of county of arrest or conviction
☐ Serve District Attorney, OSBI, arresting agency, prosecuting agency, and victim(s) by certified mail

Hearing

☐ Calendar hearing date (§ 19(B) requires hearing)
☐ Prepare petitioner to testify on rehabilitation, hardship, and clean record
☐ Prepare reference witnesses if available
☐ Brief the § 19(C) balancing test (harm vs. public interest)
☐ Be prepared to respond to objections from DA or OSBI

Post-Order

☐ Obtain certified copies of expungement order
☐ Serve order on OSBI Criminal History Reporting Unit (mandatory)
☐ Serve order on arresting agency, prosecuting agency, court clerk, any other record holder, and private background-check vendors
☐ Confirm OSBI repository update (allow 60–90 days)
☐ Provide client written confirmation of expungement, including 22 O.S. § 19(I) language regarding lawful denial
☐ Advise client of remaining federal-disclosure obligations (ATF Form 4473, immigration filings, security clearance applications)

Sources and References

• 22 O.S. § 18 (2024) — Eligibility for expungement: https://law.justia.com/codes/oklahoma/title-22/section-22-18/
• 22 O.S. § 18a (2025) — Petition to Expunge Records and Order to Expunge Records: https://law.justia.com/codes/oklahoma/title-22/section-22-18a/
• 22 O.S. § 19 — Sealing of records: https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=440214
• Oklahoma HB 3316 (2022) — Clean Slate Act enrolled text: https://www.oklegislature.gov/cf_pdf/2021-22%20ENR/hB/HB3316%20ENR.PDF
• OSBI Clean Slate Initiative: https://oklahoma.gov/osbi/services/information-services-division/clean-slate-initiative.html
• Collateral Consequences Resource Center — Oklahoma Restoration of Rights: https://ccresourcecenter.org/state-restoration-profiles/oklahoma-restoration-of-rights-pardon-expungement-sealing/
• CCRC: Oklahoma enacts automatic record clearing law: https://ccresourcecenter.org/2022/05/04/oklahoma-enacts-automatic-record-clearing-law/