VERIFIED PETITION FOR EXPUNGEMENT
(Oklahoma – 22 O.S. § 18 et seq.)
[// GUIDANCE: This template is designed for use in the District Courts of Oklahoma. It incorporates the principal statutory requirements of 22 O.S. §§ 18–19, current Oklahoma Court of Criminal Appeals precedent, and standard local-practice conventions. Customize bracketed fields, delete inapplicable provisions, and review county-specific standing orders before filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions (Statutory Allegations & Prayer for Relief)
- Representations & Warranties (Verified Statements)
- Covenants & Restrictions (Post-Expungement Obligations)
- Default & Remedies (Enforcement of Order)
- Risk Allocation (Intentionally Omitted — Not Applicable)
- Dispute Resolution (Court retains continuing jurisdiction)
- General Provisions
- Execution Block (Verification & Notary)
1. DOCUMENT HEADER
IN THE DISTRICT COURT OF [COUNTY] COUNTY
STATE OF OKLAHOMA
In Re the Matter of the Expungement of the )
Criminal Records of )
) Case No. ______
[PETITIONER FULL LEGAL NAME], )
)
Petitioner. )
COMES NOW the Petitioner, [PETITIONER FULL LEGAL NAME] (“Petitioner”), by and through undersigned counsel of record, and respectfully petitions this Honorable Court pursuant to 22 O.S. § 18 [select appropriate subsection] and § 19 for an Order expunging and sealing the records described herein.
Effective Date: Upon entry of a final, non-appealable Order of Expungement.
Governing Law & Forum: Oklahoma state expungement law; exclusive jurisdiction lies with this Court sitting as a court of record in criminal matters.
2. DEFINITIONS
For ease of reference, the following capitalized terms shall have the meanings set forth below:
a. “Applicable Statute” means Okla. Stat. tit. 22, §§ 18–19 (2024).
b. “Expungement” means the sealing of criminal justice records from public inspection, subject to limited statutory exceptions.
c. “Qualifying Record” means the arrest, prosecution, and/or disposition identified in Section 3.2 of this Petition.
d. “Respondent Agencies” collectively refers to:
i. Oklahoma State Bureau of Investigation (“OSBI”);
ii. [COUNTY] County District Attorney (“DA”);
iii. [ARRESTING AGENCY]; and
iv. Any other criminal justice agency maintaining responsive records.
e. “Order” means the final Order of Expungement sought herein.
3. OPERATIVE PROVISIONS
3.1 Jurisdiction & Venue
This Court has jurisdiction under the Applicable Statute and venue is proper in [COUNTY] County because the Qualifying Record arose within this county.
3.2 Identification of Qualifying Record(s)
- Arresting Agency: [ARRESTING AGENCY]
- Incident/Arrest Date: [DATE]
- OSBI Arrest Number: [ARREST NO.]
- Court Case Number: [CASE NO.]
- Offense(s) Charged: [OFFENSE(S)]
- Final Disposition: [E.g., Dismissed, Deferred Sentence Completed, Acquittal]
- Disposition Date: [DATE]
3.3 Statutory Eligibility
Petitioner is eligible for expungement pursuant to 22 O.S. § 18(A)([SUBSECTION]), because:
a. [Provide subsection-specific criteria—e.g., charge dismissed, no felony convictions, waiting period satisfied].
b. Mandatory Waiting Period: [NUMBER] years have elapsed since the final disposition, exceeding the statutory minimum waiting period of [STATUTORY PERIOD].
c. No Pending Charges: Petitioner affirms there are no felony or misdemeanor charges presently pending.
3.4 Notice & Service Compliance
In accordance with § 19(A):
a. Petitioner has served notice of this Petition and the hearing date on each Respondent Agency at least thirty (30) days prior to the hearing via certified mail, return receipt requested.
b. Proofs of service are attached hereto as Exhibit “A.”
3.5 Hearing Request
Petitioner respectfully requests a hearing at the Court’s earliest convenience and anticipates [X] minutes of court time.
3.6 Prayer for Relief
WHEREFORE, Petitioner prays that this Court enter an Order:
1. Expunging and sealing the Qualifying Record under 22 O.S. § 18;
2. Directing Respondent Agencies to obliterate or otherwise seal from public inspection all indices, references, and entries concerning the Qualifying Record;
3. Restricting future access in conformity with § 19(B) (limited access for law-enforcement personnel and as otherwise authorized by law);
4. Ordering OSBI to transmit certified copies of the executed Order to the Federal Bureau of Investigation for appropriate action; and
5. Granting such other and further relief as equity and justice may require.
4. REPRESENTATIONS & WARRANTIES (VERIFIED STATEMENTS)
Petitioner, after being duly sworn, hereby states under penalty of perjury:
a. The factual allegations contained in this Petition are true and correct to the best of Petitioner’s knowledge, information, and belief.
b. Petitioner meets each statutory criterion for expungement under the Applicable Statute.
c. No material fact has been withheld that would affect eligibility.
[// GUIDANCE: Attach criminal history reports, deferred-sentence completion certificates, and any relevant court orders as Exhibits “B,” “C,” etc.]
5. COVENANTS & RESTRICTIONS
5.1 Post-Expungement Conduct. Petitioner acknowledges that a subsequent felony conviction may render the expunged record subject to re-opening under 22 O.S. § 19(C).
5.2 Compliance Obligation. Petitioner shall promptly notify counsel of any new criminal charge prior to the hearing on this Petition.
6. DEFAULT & REMEDIES
6.1 Enforcement. In the event any Respondent Agency fails to comply with the Court’s Order within sixty (60) days of entry, Petitioner reserves the right to seek:
a. An Order to Show Cause and contempt sanctions;
b. An award of reasonable attorney fees and costs incurred to enforce compliance.
7. RISK ALLOCATION
[INTENTIONALLY OMITTED — NOT APPLICABLE IN PETITION CONTEXT]
8. DISPUTE RESOLUTION
The District Court retains exclusive and continuing jurisdiction to interpret, enforce, or modify the Order as permitted by 22 O.S. § 19. Arbitration and jury trial waivers are inapplicable.
9. GENERAL PROVISIONS
9.1 Severability. Should any provision of the Order be deemed unenforceable, all remaining provisions shall remain in full force.
9.2 Integration. The Order will constitute the entire relief granted; no oral modifications shall be recognized absent a subsequent written order entered by the Court.
9.3 Electronic Signatures. Consistent with 12A O.S. § 15-101 et seq., electronic signatures and electronically-filed documents shall be given full legal effect.
10. EXECUTION BLOCK
Respectfully submitted this ___ day of _, 20.
[ATTORNEY NAME], OBA #_
[LAW FIRM]
[ADDRESS]
[PHONE] | [EMAIL]
ATTORNEY FOR PETITIONER
VERIFICATION
STATE OF OKLAHOMA )
) ss.
COUNTY OF __ )
I, [PETITIONER FULL LEGAL NAME], being first duly sworn, state that I have read the above and foregoing Petition for Expungement, know the contents thereof, and that the statements contained therein are true and correct to the best of my knowledge and belief.
[PETITIONER SIGNATURE]
Subscribed and sworn to before me this ___ day of _, 20.
Notary Public
My Commission Expires: _
Commission No.: _
[// GUIDANCE: 1) File the Petition, Exhibits, and proposed Order with the Court Clerk; 2) Obtain a hearing date; 3) Serve Respondent Agencies; 4) Bring draft Order and proof of service to hearing. Confirm local cover-sheet or e-filing requirements.]