Oklahoma: Adult Factual Innocence (OK-FI-1)

Records relating to an offense containing the name of an identity theft victim as the perpetrator of a crime, can be expunged upon the dismissal of the case or at any time thereafter. 22 Okl. St. § 19a.

Record Detail(s)

Identity theft

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

By petition or court's own motion

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

Upon dismissal of the charges, the court can enter an order for the expungement of law enforcement and court records. Otherwise, the petition must be filed in the district court where the arrest information is located. For the specific procedure, see 22 Okl. St. §§ 19a, 19.

Fees

There is no statutory language regarding fees.

Effect

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. §§ 19(D)-(M).

Waiting Periods

Records can be expunged upon the dismissal of the case or at any time thereafter

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