405-778-4800
Criminal Attorney Oklahoma Defense Lawyer Adam R. Banner OKLAHOMA CRIMINAL DEFENSE ATTORNEY AT LAW
This Attorney is Lead Counsel Rated. Click here for more Information.

Oklahoma Expungement Bills Die in Adjournment

15-Sep-2015

In recent years, Oklahoma has had some significant changes to its expungement law. Notably, last November 1, several changes took effect that would allow more people to become eligible to have their records sealed under 22 O.S. §18, and it changed when they may become eligible:

Under last year's SB 2140, several significant changes occurred:

  • The waiting period for expungement following successful completion of a deferred sentence was reduced from two years to one year.
  • For those convicted of a misdemeanor or nonviolent felony, the amendment removed other misdemeanor convictions as a disqualifier for record expungement. 
  • In the case of expungement of a misdemeanor record, the waiting period was changed from 10 years following the conviction to 10 years following completion of the sentence.
  • In the case of expungement of nonviolent felony records, the person seeking expungement could not have any misdemeanor convictions in the past 15 years.

View last year's changes under SB 2140 here

Although both 2012 and 2014 saw big changes to Oklahoma expungement laws, 2015 sees nothing more than minor text changes--for example changing "as set forth" to "not listed" in reference to the state statute defining violent and nonviolent felonies.

In February, we looked at several proposed measures that, if passed, would have had an impact on expungements in Oklahoma. However, each of those bills was adjourned sine die. In other words, postponed indefinitely. They died along with the end of the 2015 legislative session.

It is unfortunate that none of those bills was able to get more consideration. We were especially excited about SB 442, which would have allowed record expungement for people convicted of 

We discussed SB 442 in depth here, but the bill never got beyond a second hearing referred to the judiciary committee.

If it had passed, SB 442 would add the following language to Section 18's list of expungement qualifiers:

13. The person was convicted of a drug offense other than aggravated drug trafficking or of a nonviolent misdemeanor offense, the person has not been convicted of an additional offense other than a misdemeanor punishable by thirty (30) days or less in jail, the person has not been revoked from probation or parole, and at least five (5) years have passed since the completion of the execution of the sentence.

The change would have been welcome in a state known for unnecessarily harsh drug laws and penalties. Perhaps the proposal will be resurrected next year for Oklahoma's 2016 legislative session.



All News

More News

Teen Who Urged Boyfriend to Commit Suicide Convicted of Manslaughter
19-Jun-2017

In July 2014, 18-year-old Conrad Roy III attempted to take his own..

Supreme Court to Decide Whether Warrantless Cell Phone Location Search Violates Fourth Amendment
12-Jun-2017

The United States Supreme Court has agreed to hear a case that cou..

Man Sentenced to 4 Years in Stabbing Death of Roommate
09-Jun-2017

A 72-year-old man is ordered to spend four years in prison after s..

Trial Delayed for Second Brother in Broken Arrow Quintuple Murder
29-May-2017

Shortly before midnight on July 22, 2015, police in Broken Arrow r..

Criminal Appeals Court Upholds Death Sentence for Triple-Murderer
26-May-2017

For the second time, the Oklahoma Court of Criminal Appeals has af..

Poorly written bill leaves lawsuit loophole; Governor signs anyway
22-May-2017

When drafting legislation, it is imperative that language is clear..

Not Guilty Verdict in Tulsa Police Shooting; Officer's Job Status under Evaluation
19-May-2017

After nine hours of deliberation, a jury returned a verdict o..

Man Exonerated in Rape Case Awarded Compensation
15-May-2017

An Oklahoma man who was exonerated of rape after spending 13 years..

Trial Begins in Tulsa Police Shooting Case
08-May-2017

Jury selection begins today in the manslaughter case of Tulsa poli..

Oklahoma Death Penalty Remains on Hiatus
05-May-2017

It has been almost exactly three years since the botched execution..

×