Oklahoma House Bill 3091 is scheduled to take effect on November 1, 2012, and it will change certain aspects of criminal record expungement in Oklahoma. Most notably, HB 3091 will allow certain expunged records to be used in criminal proceedings without a court order to unseal the record. This means, for example, that an expunged juvenile court record may be admissible in subsequent criminal proceedings in order to demonstrate prior convictions or deferred sentences, and judges, district attorneys, defense attorneys, the Office of Juvenile Affairs, and the Department of Corrections do not need a court order to obtain these records. HB 3091 may also change certain eligibility requirements for obtaining an expungement of the criminal record. Certain individuals who do not currently qualify for record expungement may be able to successfully clear their record after November 2012. However, certain individuals who currently qualify may become ineligible for expungement after HB 3091 takes effect. For this reason, it is imperative that anyone wishing to have their criminal record purged quickly contact an experienced Oklahoma expungement lawyer for an evaluation of their case.
What is an expungement?When a person is arrested in Oklahoma, there are a number of documents that record the arrest and any subsequent criminal charges. Criminal records may include:
- Records by the arresting agency, such as police reports
- Court records
- OSBI (Oklahoma State Bureau of Investigations) records
- DOC (Department of Corrections) records, if a person was incarcerated