Oklahoma: Adult Diversion/Deferral Program (OK-D-2)

Records relating to misdemeanor offense dismissed after the successful completion of a deferred judgment or delayed sentence can be expunged by the court one year after the charge is dismissed, so long as petitioner has no prior felony conviction and no pending charges. 22 Okl. St. § 18(A)(8).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Yes, any felony

Mandatory / Discretionary

Discretionary

Hearing

No

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

This provision applies only to misdemeanor offenses.

Procedure General

The petition must be filed in the district court where the arrest information is located. For the specific procedure, see 22 Okl. St. § 19.

Fees

There is no statutory language regarding fees.

Effect

"Expungement" means the sealing of criminal records, as well as any public civil record. Records expunged pursuant to section (A)(8) are sealed to the public but not to law enforcement agencies for law enforcement purposes and are available for any subsequent criminal prosecution. 22 Okl. St. §§ 18(B), (D). The person and criminal justice agencies can reply to inquiries that no official action against the person occurred and need not disclose any information in the sealed record. Employers, educational institutions, and other cannot require an applicant to disclose a sealed record, and the applicant can answer that no such action ever occurred. After 10 years, a sealed record can be obliterated or destroyed. 22 Okl. St. §§ 18, 19.

Waiting Periods

The petition can be filed one year after the charge was dismissed following the successful completion of a deferred judgment or delayed sentence.

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