Rule 41. Expungements
Oklahoma Statutes AnnotatedLocal District Court Rules
Okl.St.Ann. Rule 41
Rule 41. Expungements
A. Defendants qualifying under Title 22 O.S. § 991c(C), shall file their Applications/Motions for Expungement in the criminal case number originally assigned to the Defendant and set with the assigned judge for hearing. If the originally assigned trial judge is no longer available then the case shall be assigned to the successor judge to that docket. Motions in misdemeanor cases shall be heard by the initial appearance judge. Orders affecting accessibility to court records shall be delivered to the department supervisor in the Court Clerk's office at the time of filing.
D. All requests for expungements made pursuant to Title 22 O.S. §§ 18, 19 & 19a, shall be made by Petition and filed as a civil action, subject to civil fees and assessments, and randomly assigned to the District Judges in the civil division. The court clerk shall not be named a party defendant in civil expungement actions. All pleadings shall comply with Title 22 O.S. §§ 18, 19 & 19a, and a certificate of service on all affected law enforcement agencies, including the OSBI, shall accompany the Petition. Orders affecting accessibility to court records shall specify by case number the records to be expunged and shall be delivered to the department supervisor in the Court Clerk's office at the time of filing.
Credits
[Adopted effective May 1, 2000. Amended effective April 1, 2010.]
Okl. St. Ann. Rule 41, OK ST T. Rule 41
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
End of Document |