The expungement hearing for a man charged in a 1996 triple shooting has been delayed after his Oklahoma expungement attorney asked for a postponement to give her adequate time to respond to objections from the the Oklahoma County district attorney's office and the OSBI.
A new hearing date has not yet been set. Tybream Demont Rogers petitioned the court to expunge his criminal record of three first degree murder charges stemming from his alleged involvement in a shoot-out that left three people dead.
Rogers was never accused of being the shooter, but he was charged in connection with the fatal shooting. His murder trial ended in mistrial after his Oklahoma City criminal defense lawyer raised allegations of sexual misconduct against an arresting officer.
An appellate court ruled that retrying Rogers would amount to double jeopardy; therefore, a retrial would be unconstitutional. In Rogers's Oklahoma expungement petition, he claims that the charges against him have hindered him from finding a job. He asserts that it is unjust that charges of which he was never convicted are preventing him from finding gainful employment.
Those arguing against an expungement of Rogers's record say that an expungement is not warranted because the case against Rogers was never dismissed, and he was never convicted or acquitted of the crime. Expungement law in Oklahoma has specific guidelines for the sealing of non-conviction information.
Title 22 Section 18 and Title 22 991(c) of the Oklahoma Statutes describe the methods of obtaining the different types of expungement under Oklahoma law. For someone wishing to clear or purge his or her record, an experienced Oklahoma expungement lawyer can help determine the type of expungement for which he or she is eligible and will help petition the court to seal or purge the client's record of arrests, criminal charges, and convictions.