1|ENGROSSED HOUSE |
|BILL NO. 3037 By: Stinson of the House |
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| Gollihare of the Senate |
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6| [ criminal procedure - expungement of criminal arrest |
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7| records - qualifications - rights of persons to |
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8| possess firearms or weapons after felony conviction |
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9| expungement - effective date ] |
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11| |
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12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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13| SECTION 1. AMENDATORY 22 O.S. 2021, Section 18, as |
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14|amended by Section 1, Chapter 143, O.S.L. 2022 (22 O.S. Supp. 2023, |
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15|Section 18), is amended to read as follows: |
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16| Section 18. A. Persons authorized to file a motion for |
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17|expungement, as provided herein, must be within one of the following |
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18|categories: |
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19| 1. The person has been acquitted; |
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20| 2. The conviction was reversed with instructions to dismiss by |
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21|an appellate court of competent jurisdiction, or an appellate court |
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22|of competent jurisdiction reversed the conviction and the |
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23|prosecuting agency subsequently dismissed the charge; |
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1| 3. The factual innocence of the person was established by the |
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2|use of deoxyribonucleic acid (DNA) evidence subsequent to |
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3|conviction, including a person who has been released from prison at |
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4|the time innocence was established; |
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5| 4. The person has received a full pardon by the Governor for |
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6|the crime for which the person was sentenced; |
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7| 5. The person was arrested and no charges of any type, |
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8|including charges for an offense different than that for which the |
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9|person was originally arrested, are filed and the statute of |
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10|limitations has expired or the prosecuting agency has declined to |
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11|file charges; |
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12| 6. The person was under eighteen (18) years of age at the time |
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13|the offense was committed and the person has received a full pardon |
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14|for the offense; |
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15| 7. The person was charged with one or more misdemeanor or |
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16|felony crimes, all charges have been dismissed, the person has never |
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17|been convicted of a felony, no misdemeanor or felony charges are |
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18|pending against the person and the statute of limitations for |
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19|refiling the charge or charges has expired or the prosecuting agency |
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20|confirms that the charge or charges will not be refiled; provided, |
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21|however, this category shall not apply to charges that have been |
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22|dismissed following the completion of a deferred judgment or delayed |
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23|sentence; |
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1| 8. The person was charged with a misdemeanor, the charge was |
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2|dismissed following the successful completion of a deferred judgment |
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3|or delayed sentence, the person has never been convicted of a |
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4|felony, no misdemeanor or felony charges are pending against the |
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5|person and at least one (1) year has passed since the charge was |
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6|dismissed; |
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7| 9. The person was charged with a nonviolent felony offense not |
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8|listed in Section 571 of Title 57 of the Oklahoma Statutes, the |
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9|charge was dismissed following the successful completion of a |
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10|deferred judgment or delayed sentence, the person has never been |
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11|convicted of a felony, no misdemeanor or felony charges are pending |
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12|against the person and at least five (5) years have passed since the |
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13|charge was dismissed; |
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14| 10. The person was convicted of a misdemeanor offense, the |
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15|person was sentenced to a fine of less than Five Hundred One Dollars |
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16|($501.00) One Thousand One Dollars ($1,001.00) without a term of |
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17|imprisonment or a suspended sentence, the fine has been paid or |
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18|satisfied by time served in lieu of the fine, the person has not |
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19|been convicted of a felony and no felony or misdemeanor charges are |
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20|pending against the person; |
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21| 11. The person was convicted of a misdemeanor offense, the |
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22|person was sentenced to a term of imprisonment, a suspended sentence |
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23|or a fine in an amount greater than Five Hundred Dollars ($500.00) |
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24|One Thousand Dollars ($1,000.00), the person has not been convicted |
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1|of a felony, no felony or misdemeanor charges are pending against |
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2|the person and at least five (5) three (3) years have passed since |
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3|the end of the last misdemeanor sentence; |
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4| 12. The person was convicted of a nonviolent felony offense not |
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5|listed in Section 571 of Title 57 of the Oklahoma Statutes, the |
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6|person has not been convicted of any other felony, the person has |
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7|not been convicted of a separate misdemeanor in the last seven (7) |
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8|five (5) years, no felony or misdemeanor charges are pending against |
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9|the person and at least five (5) years have passed since the |
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10|completion of the sentence for the felony conviction; |
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11| 13. The person was convicted of not more than two or received a |
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12| deferred sentence for one or more felony offenses, none of which is |
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13|a felony offense listed in Section 13.1 of Title 21 of the Oklahoma |
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14|Statutes or any offense that would require the person to register |
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15|pursuant to the provisions of the Sex Offenders Registration Act, no |
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16|felony or misdemeanor charges are pending against the person, and at |
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17|least ten (10) years have passed since the completion of the |
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18|sentence for the last felony conviction; |
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19| 14. The person has been charged or arrested or is the subject |
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20|of an arrest warrant for a crime that was committed by another |
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21|person who has appropriated or used the person's name or other |
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22|identification without the person's consent or authorization; or |
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23| 15. The person was convicted of or received a deferred sentence |
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24|for a nonviolent felony offense not listed in Section 571 of Title |
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1|57 of the Oklahoma Statutes which was subsequently reclassified as a |
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2|misdemeanor under Oklahoma law, the person is not currently serving |
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3|a sentence for a crime in this state or another state, at least |
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4|thirty (30) days have passed since the completion or commutation of |
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5|the sentence for the crime that was reclassified as a misdemeanor, |
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6|any restitution ordered by the court to be paid by the person has |
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7|been satisfied in full, and any treatment program ordered by the |
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8|court has been successfully completed by the person, including any |
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9|person who failed a treatment program which resulted in an |
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10|accelerated or revoked sentence that has since been successfully |
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11|completed by the person or the person can show successful completion |
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12|of a treatment program at a later date. Persons seeking an |
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13|expungement of records under the provisions of this paragraph may |
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14|utilize the expungement forms provided in Section 18a of this title; |
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15|or |
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16| 16. A person participating in and successfully completing a |
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17|diversion program for either a misdemeanor or felony offense or |
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18|offenses shall be immediately eligible to have the offense or |
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19|offenses expunged after completion of all court-ordered program |
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20|conditions and payment of all fines, fees, costs, and assessments. |
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21| B. For purposes of Section 18 et seq. of this title, |
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22|"expungement" shall mean the sealing of criminal records, as well as |
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23|any public civil record, involving actions brought by and against |
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1|the State of Oklahoma arising from the same arrest, transaction or |
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2|occurrence. |
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3| C. Beginning three (3) years after the effective date of this |
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4|act and subject to the availability of funds, individuals with clean |
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5|slate eligible cases shall be eligible to have their criminal |
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6|records sealed automatically. For purposes of Section 18 et seq. of |
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7|this title, "clean slate eligible case" shall mean a case where each |
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8|charge within the case is pursuant to paragraph 1, 2, 3, 5, 6, 7, 8, |
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9|10, 11, 14 or 15 of subsection A of this section. |
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10| D. For purposes of seeking an expungement under the provisions |
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11|of paragraph 10, 11, 12 or 13 of subsection A of this section, |
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12|offenses arising out of the same transaction or occurrence shall be |
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13|treated as one conviction and offense. |
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14| E. Records expunged pursuant to paragraphs 4, 8, 9, 10, 11, 12, |
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15|13, 14 and 15 of subsection A of this section shall be sealed to the |
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16|public but not to law enforcement agencies for law enforcement |
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17|purposes. Records expunged pursuant to paragraphs 8, 9, 10, 11, 12 |
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18|and 13 of subsection A of this section shall be admissible in any |
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19|subsequent criminal prosecution to prove the existence of a prior |
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20|conviction or prior deferred judgment without the necessity of a |
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21|court order requesting the unsealing of the records. Records |
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22|expunged pursuant to paragraph 4, 6, 12 or 13 of subsection A of |
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23|this section may also include the sealing of Pardon and Parole Board |
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1|records related to an application for a pardon. Such records shall |
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2|be sealed to the public but not to the Pardon and Parole Board. |
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3| F. Any person who has had a felony conviction expunged pursuant |
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4|to the provisions of this section, and has not been convicted of any |
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5|other felony offense which has not been pardoned or expunged, shall |
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6|have restored the right to possess any firearm or other weapon |
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7|prohibited by subsection A of Section 1283 of Title 21 of the |
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8|Oklahoma Statutes, the right to apply for and carry a handgun, |
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9|concealed or unconcealed, pursuant to the provisions of the Oklahoma |
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10|Self-Defense Act or as otherwise permitted by law, and have the |
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11|right to perform the duties of a peace officer or gunsmith, and for |
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12|purposes of performing firearm repairs. |
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13| SECTION 2. This act shall become effective November 1, 2024. |
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14| Passed the House of Representatives the 12th day of March, 2024. |
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| Presiding Officer of the House |
17| of Representatives |
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19| Passed the Senate the ___ day of __________, 2024. |
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| Presiding Officer of the Senate |
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