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SDA Opinion - Felon
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<blockquote data-quote="Rooster1971" data-source="post: 1697699" data-attributes="member: 19292"><p>Current Issue</p><p>Archived Issues</p><p>Board of Editors</p><p>Advertising Rates</p><p>Advertising Standards</p><p>Submissions</p><p>Reprint Permission</p><p>Subscriptions</p><p>Home -- Bar Journal </p><p></p><p>Oklahoma Bar Journal</p><p>Articles </p><p>CRIMINAL LAW</p><p></p><p>Expunging Criminal Records under Oklahoma Statutes Title 22 §991c & §18 & 19</p><p>By Stacy Morey and Dave Stockwell</p><p></p><p>Oklahoma law provides for two types of expungements. The most common is found in Title 22 O.S. §991c which allows for the expungement of a plea of guilt or no contest after the successful completion of a deferred sentence.</p><p>Once all conditions of the defendant's probation have been fully satisfied and the case has been dismissed, the court records may be sealed. The statute requires court clerk's offices to delete the defendant's name from the docket sheet, expunge the public filing of the charge, and keep a separate and confidential index of the case. In most court clerk's offices, the process includes the removal of the defendant's file from the main file area. Additionally, the court information will be redacted from the clerk's computer and also from any public access website such as the Oklahoma Supreme Court Network (OSCN). As a result, when the defendant's name is searched, either at the courthouse or by computer, no information regarding the expunged case will be found. However, if the defendant's case number is searched, some information regarding the case may still be available. In most cases, any information specific to the defendant remains undiscoverable. However, if the defendant paid for fines and/or costs, the defendant's name may appear as the person who made the payment. Obviously, a connection between the individual and the case can then be made. Therefore, if you represent a defendant who receives a deferred sentence, you may want to consider paying for the fines and costs from your trust account, if the defendant has deposited funds with you, or your expense account. Consequently, your name will appear as the payor instead of the defendant, and your client can be spared from enduring unnecessary adverse consequences.</p><p></p><p>While a §991c expungement may seal an entire court record, it does not produce the same effect with respect to a defendant's criminal history record with the Oklahoma State Bureau of Investigation (OSBI). Because OSBI records contain not only arrests, but also dispositions of those arrests, a §991c expungement will have no effect on a defendant's arrest information. It will however affect the information given to the public regarding the disposition. For example, if a defendant is arrested for Grand Larceny and is subsequently given a three year deferred sentence, a §991c expungement will delete the information regarding the probation. As such, the arrest will still appear on the record, but the disposition is changed from "pled guilty, three year deferred sentence" to "pled not guilty, case dismissed."</p></blockquote><p></p>
[QUOTE="Rooster1971, post: 1697699, member: 19292"] Current Issue Archived Issues Board of Editors Advertising Rates Advertising Standards Submissions Reprint Permission Subscriptions Home -- Bar Journal Oklahoma Bar Journal Articles CRIMINAL LAW Expunging Criminal Records under Oklahoma Statutes Title 22 §991c & §18 & 19 By Stacy Morey and Dave Stockwell Oklahoma law provides for two types of expungements. The most common is found in Title 22 O.S. §991c which allows for the expungement of a plea of guilt or no contest after the successful completion of a deferred sentence. Once all conditions of the defendant's probation have been fully satisfied and the case has been dismissed, the court records may be sealed. The statute requires court clerk's offices to delete the defendant's name from the docket sheet, expunge the public filing of the charge, and keep a separate and confidential index of the case. In most court clerk's offices, the process includes the removal of the defendant's file from the main file area. Additionally, the court information will be redacted from the clerk's computer and also from any public access website such as the Oklahoma Supreme Court Network (OSCN). As a result, when the defendant's name is searched, either at the courthouse or by computer, no information regarding the expunged case will be found. However, if the defendant's case number is searched, some information regarding the case may still be available. In most cases, any information specific to the defendant remains undiscoverable. However, if the defendant paid for fines and/or costs, the defendant's name may appear as the person who made the payment. Obviously, a connection between the individual and the case can then be made. Therefore, if you represent a defendant who receives a deferred sentence, you may want to consider paying for the fines and costs from your trust account, if the defendant has deposited funds with you, or your expense account. Consequently, your name will appear as the payor instead of the defendant, and your client can be spared from enduring unnecessary adverse consequences. While a §991c expungement may seal an entire court record, it does not produce the same effect with respect to a defendant's criminal history record with the Oklahoma State Bureau of Investigation (OSBI). Because OSBI records contain not only arrests, but also dispositions of those arrests, a §991c expungement will have no effect on a defendant's arrest information. It will however affect the information given to the public regarding the disposition. For example, if a defendant is arrested for Grand Larceny and is subsequently given a three year deferred sentence, a §991c expungement will delete the information regarding the probation. As such, the arrest will still appear on the record, but the disposition is changed from "pled guilty, three year deferred sentence" to "pled not guilty, case dismissed." [/QUOTE]
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