405-778-4800
Adam R. Banner OKLAHOMA CRIMINAL DEFENSE ATTORNEY AT LAW
 
 

Oklahoma Law Allows Prostitution Expungement for Trafficking Victims

16-Nov-2013

A new Oklahoma law pertaining to full expungement of criminal records allows victims of human trafficking to have prostitution arrest records expunged. The new law, which took effect on November 1 of this year, adds a section to the existing expungement laws that could make it easier for human trafficking victims to quickly have their arrest records expunged.

In Oklahoma, there are two types of record expungement. Under 22 O.S.§ 991c, a person may have his or her court records sealed upon completion of a deferred sentence. While this provides some relief, it does leave in place a person's record with the Oklahoma State Bureau of Investigation (OSBI). There are laws in place to allow for a full expungement; however, qualifying for full expungement under 22 O.S.§ 18-19 may be more difficult. It is to this section the new law is added. (read more at the Law Offices of Adam R. Banner)

There are 12 specific criteria under which a person may qualify for a Section 18 expungement, including acquittal, reversal of conviction, full pardon with finding of actual innocence, an arrest after which no charges were filed, a misdemeanor or nonviolent felony with no subsequent charges within a designated time frame, full pardon of a juvenile conviction, all charges dismissed, and more.

Subsequent sections of the law, in §19a and, now, §19c add two classes of people eligible for full record expungement upon motion of the district attorney or the court itself. Section 19a applies to victims of identity theft, and Section 19c applies to victims of human trafficking.

Section 19c, which was enacted under HB 1058 and which took effect earlier this month, reads in part as follows:

"The court, upon its own motion or upon petition by the defendant and for good cause shown, may enter an order for expungement of law enforcement and court records relating to a charge or conviction for a prostitution-related offense committed as a result of the defendant having been a victim of human trafficking."

This means that in some cases, a victim of human trafficking may not even have to file a petition for expungement--the D.A. or the court will take care of it automatically. This automatic expungement may occur, but it will not necessarily occur. For more information about Oklahoma expungement, visit our website, or click here to contact an attorney who can help you clear your record.



All News

More News

Supreme Court Decision Could Impact the Shape of Oklahoma

09-Dec-2018

In 1901, in advance of Oklahoma statehood, Congress announced that..

Sexual Assault Forensic Evidence Task Force Subcommittee Recommends Standardized Rape Kit

24-Nov-2018

Several years ago, news broke that more than 17,000 rape kits sat ..

State Board of Corrections Approves DOC 2020 Budget Request

05-Nov-2018

The Oklahoma Department of Corrections intends to ask the state le..

Despite Medical Marijuana License, Oklahoma Woman Charged with Drug Possession

22-Oct-2018

An Adair County mother has been charged with illegal possession of..

Putnam City West Teens Accused in Locker Room Assault

07-Oct-2018

Recent cases have revealed that locker room antics once perceived ..

Former State Senator Sentenced to 15 Years for Child Sex Trafficking

22-Sep-2018

A federal judge sentenced former Oklahoma senator Ralph Shortey to..

Oklahoma Cities Adjust Ordinances after Medical Marijuana Legalization

30-Aug-2018

After the passing of State Question 788, the law allowing medical ..

Oklahoma Dept. of Corrections Denies Death Penalty Protocol "Deadline"

13-Aug-2018

Oklahoma, the state that invented lethal injection, continues to b..

Lincoln County Abuse Case Has Some Calling for Home School Reform

28-Jul-2018

The case of a 15-year-old boy rescued from a family farm near Meek..

Oklahoma Health Department Seeks Legal Advice after Amending Medical Marijuana Rules

17-Jul-2018

When Oklahomans passed State Question 788 last month, they left th..

×