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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 1055 By: Goodwin
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6 AS INTRODUCED
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7 An Act relating to expungement of records; amending
7 22 O.S. 2021, Section 18, as last amended by Section
8 12, Chapter 452, O.S.L. 2024 (22 O.S. Supp. 2024,
8 Section 18), which relates to persons authorized for
9 expungement of records; providing automatic
9 expungements for certain misdemeanor convictions;
10 authorizing persons to file a petition for automatic
10 expungement; allowing certain agencies and interested
11 persons to seek an order unsealing records; directing
11 the Supreme Court to promulgate rules as necessary;
12 and providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 22 O.S. 2021, Section 18, as last
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17 amended by Section 12, Chapter 452, O.S.L. 2024 (22 O.S. Supp. 2024,
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18 Section 18), is amended to read as follows:
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19 Section 18. A. Persons authorized to file a motion for
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20 expungement, as provided herein, must be within one of the following
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21 categories:
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22 1. The person has been acquitted;
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23 2. The conviction was reversed with instructions to dismiss by
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24 an appellate court of competent jurisdiction, or an appellate court
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1 of competent jurisdiction reversed the conviction and the
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2 prosecuting agency subsequently dismissed the charge;
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3 3. The factual innocence of the person was established by the
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4 use of deoxyribonucleic acid (DNA) evidence subsequent to
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5 conviction, including a person who has been released from prison at
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6 the time innocence was established;
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7 4. The person has received a full pardon by the Governor for
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8 the crime for which the person was sentenced;
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9 5. The person was arrested and no charges of any type,
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10 including charges for an offense different than that for which the
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11 person was originally arrested, are filed and the statute of
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12 limitations has expired or the prosecuting agency has declined to
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13 file charges;
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14 6. The person was under eighteen (18) years of age at the time
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15 the offense was committed and the person has received a full pardon
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16 for the offense;
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17 7. The person was charged with one or more misdemeanor or
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18 felony crimes, all charges have been dismissed, the person has never
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19 been convicted of a felony, no misdemeanor or felony charges are
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20 pending against the person and the statute of limitations for
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21 refiling the charge or charges has expired or the prosecuting agency
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22 confirms that the charge or charges will not be refiled; provided,
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23 however, this category shall not apply to charges that have been
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1 dismissed following the completion of a deferred judgment or delayed
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2 sentence;
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3 8. The person was charged with a misdemeanor, the charge was
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4 dismissed following the successful completion of a deferred judgment
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5 or delayed sentence, the person has never been convicted of a
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6 felony, no misdemeanor or felony charges are pending against the
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7 person and at least one (1) year has passed since the charge was
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8 dismissed;
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9 9. The person was charged with a nonviolent felony offense not
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10 listed in Section 571 of Title 57 of the Oklahoma Statutes, the
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11 charge was dismissed following the successful completion of a
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12 deferred judgment or delayed sentence, the person has never been
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13 convicted of a felony, no misdemeanor or felony charges are pending
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14 against the person and at least five (5) years have passed since the
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15 charge was dismissed;
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16 10. The person was convicted of a misdemeanor offense, the
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17 person was sentenced to a fine of less than Five Hundred One Dollars
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18 ($501.00) without a term of imprisonment or a suspended sentence,
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19 the fine has been paid or satisfied by time served in lieu of the
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20 fine, the person has not been convicted of a felony and no felony or
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21 misdemeanor charges are pending against the person;
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22 11. The person was convicted of a misdemeanor offense, the
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23 person was sentenced to a term of imprisonment, a suspended sentence
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24 or a fine in an amount greater than Five Hundred Dollars ($500.00),
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1 the person has not been convicted of a felony, no felony or
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2 misdemeanor charges are pending against the person and at least five
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3 (5) years have passed since the end of the last misdemeanor
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4 sentence;
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5 12. The person was convicted of a nonviolent felony offense not
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6 listed in Section 571 of Title 57 of the Oklahoma Statutes, the
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7 person has not been convicted of any other felony, the person has
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8 not been convicted of a separate misdemeanor in the last seven (7)
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9 years, no felony or misdemeanor charges are pending against the
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10 person and at least five (5) years have passed since the completion
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11 of the sentence for the felony conviction;
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12 13. The person was convicted of not more than two felony
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13 offenses, none of which is a felony offense listed in Section 13.1
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14 of Title 21 of the Oklahoma Statutes or any offense that would
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15 require the person to register pursuant to the provisions of the Sex
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16 Offenders Registration Act, no felony or misdemeanor charges are
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17 pending against the person, and at least ten (10) years have passed
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18 since the completion of the sentence for the felony conviction;
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19 14. The person was charged with not more than two felony
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20 offenses and the charges were dismissed following the successful
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21 completion of a deferred judgment or delayed sentence, none of which
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22 were felony offenses listed in Section 13.1 of Title 21 of the
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23 Oklahoma Statutes or would require the person to register pursuant
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24 to the provisions of the Sex Offenders Registration Act, no felony
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1 or misdemeanor charges are pending against the person, and at least
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2 ten (10) years have passed since the charges were dismissed;
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3 15. The person has been charged or arrested or is the subject
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4 of an arrest warrant for a crime that was committed by another
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5 person who has appropriated or used the person's name or other
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6 identification without the person's consent or authorization; or
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7 16. The person was convicted of a nonviolent felony offense not
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8 listed in Section 571 of Title 57 of the Oklahoma Statutes which was
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9 subsequently reclassified as a misdemeanor under Oklahoma law, the
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10 person is not currently serving a sentence for a crime in this state
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11 or another state, at least thirty (30) days have passed since the
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12 completion or commutation of the sentence for the crime that was
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13 reclassified as a misdemeanor, any restitution ordered by the court
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14 to be paid by the person has been satisfied in full, and any
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15 treatment program ordered by the court has been successfully
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16 completed by the person, including any person who failed a treatment
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17 program which resulted in an accelerated or revoked sentence that
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18 has since been successfully completed by the person or the person
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19 can show successful completion of a treatment program at a later
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20 date. Persons seeking an expungement of records under the
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21 provisions of this paragraph may utilize the expungement forms
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22 provided in Section 18a of this title.
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23 B. For purposes of Section 18 et seq. of this title,
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24 "expungement" shall mean the sealing of criminal records, as well as
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1 any public civil record, involving actions brought by and against
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2 the State of Oklahoma arising from the same arrest, transaction or
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3 occurrence.
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4 C. Beginning three (3) years after the effective date of this
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5 act and subject to the availability of funds, individuals with clean
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6 slate eligible cases shall be eligible to have their criminal
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7 records sealed automatically. For purposes of Section 18 et seq. of
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8 this title, "clean slate eligible case" shall mean a case where each
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9 charge within the case is pursuant to paragraph 1, 2, 3, 5, 6, 7, 8,
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10 10, 11, 15, or 16 of subsection A of this section.
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11 D. 1. On or after the effective date of this act, any person
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12 who was convicted of a nonviolent misdemeanor offense shall have his
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13 or her nonviolent misdemeanor criminal arrest records automatically
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14 expunged if:
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15 a. at least ten (10) years have passed since the date of
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16 conviction,
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17 b. the person has not been convicted of a felony,
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18 c. all fines, fees, and restitution ordered by the court
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19 have been paid, and
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20 d. no felony or misdemeanor charges are pending against
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21 the person.
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22 2. Nothing in this section precludes a person from filing a
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23 petition for expungement of records that are eligible for automatic
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1 expungement if an automatic expungement has not occurred pursuant to
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2 this subsection.
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3 3. An automatic expungement performed under the provisions of
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4 this subsection shall not preclude the prosecuting agency, the
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5 arresting agency, the Oklahoma State Bureau of Investigation, or
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6 other interested person or agency from petitioning the court for an
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7 order unsealing the records in accordance with subsection P of
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8 Section 19 of this title.
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9 4. If deemed necessary, the Supreme Court shall promulgate
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10 rules for the district courts to implement the provisions of this
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11 subsection.
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12 E. For purposes of seeking an expungement under the provisions
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13 of paragraph 10, 11, 12 or 13 of subsection A of this section,
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14 offenses arising out of the same transaction or occurrence shall be
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15 treated as one conviction and offense.
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16 E. F. Records expunged pursuant to paragraphs 4, 8, 9, 10, 11,
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17 12, 13, 14, 15 and 16 of subsection A of this section shall be
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18 sealed to the public but not to law enforcement agencies for law
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19 enforcement purposes. Records expunged pursuant to paragraphs 8, 9,
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20 10, 11, 12, 13 and 14 of subsection A of this section shall be
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21 admissible in any subsequent criminal prosecution to prove the
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22 existence of a prior conviction or prior deferred judgment without
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23 the necessity of a court order requesting the unsealing of the
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24 records. Records expunged pursuant to paragraph 4 or 6 of
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1 subsection A of this section may also include the sealing of Pardon
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2 and Parole Board records related to an application for a pardon.
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3 Such records shall be sealed to the public but not to the Pardon and
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4 Parole Board.
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5 SECTION 2. This act shall become effective November 1, 2025.
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Req. No. 794 Page 8Every fact on this page links to its source, starting with the official bill record.