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Rule 41. Expungements

Oklahoma Statutes AnnotatedLocal District Court Rules

Oklahoma Statutes Annotated
Local District Court Rules
Rules of the Seventh and Twenty-Sixth Administrative Districts [Oklahoma and Canadian Counties]
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.
B. Persons seeking expungement of Victim Protective Orders pursuant to Title 22 O.S. § 60.18 shall file their Applications/Motions for Expungement in the same case under the originally assigned case number.
C. Applications/Motions for Expungements involving youthful offenders pursuant to Title 10A O.S. § 2-5-210(B)(1) shall be filed with the Juvenile Division of the District Court.
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.
E. Orders expunging entire cases shall be deemed to prevent internet access by the public, unless otherwise specified in the order of expungement.
F. All previous administrative orders concerning the expungement of records are revoked. This rule is subject to statutory or case law changes occurring subsequent to its effective date.

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.
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