A. 1. Whenever the district attorney or the Office of Juvenile Affairs (OJA) believes that a youthful offender in the custody or supervision of OJA should be transferred to the custody or supervision of the Department of Corrections, the district attorney or OJA may file a motion requesting such transfer and the court shall set the motion for hearing. Notice of the motion and hearing shall be given to the youthful offender, the youthful offender's counsel, the parent or guardian of the youthful offender, and either the district attorney or OJA. OJA may make recommendations to the court concerning the transfer of a youthful offender to the Department of Corrections.

2. The Court may order the youthful offender transferred to the custody or supervision of the Department of Corrections only if the court finds by clear and convincing evidence that the youthful offender has:

The court, in its decision to transfer custody of the youthful offender to the custody of the Department of Corrections, shall issue a written order and make detailed findings of fact and conclusions of law addressing the grounds alleged in the motion of the district attorney or OJA.

D. 1. If the court dismissed the youthful offender case, the person may file a motion to expunge the plea and the youthful offender adjudication and sentence from the record.

2. The court, after hearing the motion, and any objections, may grant the expungement of the youthful offender's record as provided by the procedures in subsection D of Section 991c of Title 22 of the Oklahoma Statutes, if the court finds that the youthful offender has reasonably completed the rehabilitation plan, that the expungement is in the best interest of the youthful offender, and that such dismissal will not jeopardize public safety.

3. The court, after hearing the motion and any objections, may order the expungement of all files and records over which the court has jurisdiction pertaining to the arrest and adjudication of the former youthful offender, and shall order the clerk of the court to expunge the entire file and record of the case or any files produced or created by a law enforcement agency in which the name of the former youthful offender is mentioned. The court may order the Office of Juvenile Affairs to expunge all records relating to the former youthful offender that are in the possession of the Office of Juvenile Affairs, except when the documents are necessary to maintain state or federal funding.

4. An expungement requested under paragraph 1 of this subsection may be granted regardless of any court action or inaction under paragraph 2 of this subsection.

5. Members of the judiciary, district attorneys, the youthful offender, counsel for the youthful offender, employees of juvenile bureaus and the Office of Juvenile Affairs who are assigned juvenile court intake responsibilities, and the Department of Corrections may access records that have been expunged pursuant to this subsection without a court order for the purpose of determining whether to dismiss an action, seek a voluntary probation, file a petition or information, 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 youthful offender act, a juvenile delinquent act, or any adult criminal offense. Provided, any record sealed pursuant to this section shall be ordered unsealed upon application of the prosecuting agency when the records are requested for use in any subsequent juvenile delinquent, youthful offender, or adult prosecution.

6. As used in this subsection, “expunge” means the sealing of criminal records.