§ 2-6-108. Effect of adjudication--Sealing of records--Order unsealing sealed records--Destruct...
Oklahoma Statutes AnnotatedTitle 10A. Children and Juvenile Code
10A Okl.St.Ann. § 2-6-108
§ 2-6-108. Effect of adjudication--Sealing of records--Order unsealing sealed records--Destruction of records
The records may be sealed one (1) year after such dismissal or completion of the conditions of a voluntary or preadjudicatory probation, alternative diversion program for first-time offenders, or military mentor program or upon the person attaining the age of eighteen (18) years in the discretion of the court. Upon the sealing of any record of a person alleged to be delinquent pursuant to this title, the record and official actions subject to the order shall be deemed never to have occurred, and the person who is the subject of the record and all juvenile justice agencies may properly reply upon any inquiry in the matter that no such action ever occurred and no such record exists with respect to such person.
E. Members of the judiciary, district attorneys, the defendant, the defendant's counsel and employees of juvenile bureaus, the Office of Juvenile Affairs assigned juvenile court intake responsibilities, and the Department of Corrections may access records that have been sealed pursuant to this section without a court order for the purpose of determining whether to dismiss an action, seek a voluntary probation, file a petition, or for purposes of sentencing or placement in a case where the person who is the subject of the sealed record is alleged to have committed a subsequent juvenile delinquent act or any adult criminal offense. Provided, any record sealed pursuant to this section may be used in a subsequent juvenile delinquent or adult prosecution only after the issuance of a court order unsealing the record.
5. In accordance with the guidelines adopted pursuant to the Juvenile Offender Tracking Program1 and Section 620.6 of Title 10 of the Oklahoma Statutes, for maintaining juvenile justice and criminal justice statistical information;
G. Any person or agency having a legitimate interest in a delinquency case or proceeding may petition the court for an order unsealing a juvenile court record. Upon the filing of a petition to unseal any juvenile court record, the court shall set a date for a hearing and shall provide thirty (30) days of notice to all interested parties. The hearing may be closed at the discretion of the court. If, after a hearing, the court determines that there is any reason enumerated in subsection F of this section and it is necessary for the protection of a legitimate public or private interest to unseal the record, the court shall order the record unsealed.
Credits
Laws 1991, c. 296, § 13, eff. Jan. 1, 1992; Laws 1993, c. 178, § 1, eff. Sept. 1, 1993. Renumbered from Title 10, § 1125.4 and amended by Laws 1995, c. 352, §§ 183, 199, eff. July 1, 1995. Laws 1996, c. 211, § 3, eff. Nov. 1, 1996. Renumbered from Title 10, § 7307-1.7 and amended by Laws 2009, c. 234, §§ 98, 190, emerg. eff. May 21, 2009; Laws 2013, c. 404, § 19, eff. Nov. 1, 2013.
Footnotes
Title 10A, § 2-7-901 et seq.
10A Okl. St. Ann. § 2-6-108, OK ST T. 10A § 2-6-108
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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