Oklahoma HB 1479: Criminal procedure; authorizing expungements due to mistaken identity; effective date.

Bill Text

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STATE OF OKLAHOMA 
 
1st Session of the 56th Legislature (2017) 
 
HOUSE BILL 1479 By: Young 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to criminal procedure; amending 22 
O.S. 2011, Sections 18 and 19, as last amended by 
Sections 1 and 2, Chapter 348, O.S.L. 2016 and 19a 
(22 O.S. Supp. 2016, Sections 18 and 19), which 
relate to criminal arrest record expungements; 
authorizing expungements due to mistaken identity; 
defining term; providing for the reimbursement of 
fees and costs; amending 74 O.S. 2011, Section 
150.12, as amended by Section 2, Chapter 178, O.S.L. 
2015 (74 O.S. Supp. 2016, Section 150.12), which 
relates to reporting fingerprint and criminal history 
information; providing exception to certain fee; and 
providing an effective date. 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     22 O.S. 2011, Section 18, as last 
amended by Section 1, Chapter 348, O.S.L. 2016 (22 O.S. Supp. 2016, 
Section 18), is amended to read as follows: 
Section 18.  A.  Persons authorized to file a motion for 
expungement, as provided herein, must be within one of the following 
categories: 
1.  The person has been acquitted; 

 
 
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2.  The conviction was reversed with instructions to dismiss by 
an appellate court of competent jurisdiction, or an appellate court 
of competent jurisdiction reversed the conviction and the 
prosecuting agency subsequently dismissed the charge; 
3.  The factual innocence of the person was established by the 
use of deoxyribonucleic acid (DNA) evidence subsequent to 
conviction, including a person who has been released from prison at 
the time innocence was established; 
4.  The person has received a full pardon on the basis of a 
written finding by the Governor of actual innocence for the crime 
for which the claimant was sentenced; 
5.  The person was arrested and no charges of any type, 
including charges for an offense different than that for which the 
person was originally arrested, are filed and the statute of 
limitations has expired or the prosecuting agency has declined to 
file charges; 
6.  The person was under eighteen (18) years of age at the time 
the offense was committed and the person has received a full pardon 
for the offense; 
7.  The person was charged with one or more misdemeanor or 
felony crimes, all charges have been dismissed, the person has never 
been convicted of a felony, no misdemeanor or felony charges are 
pending against the person, and the statute of limitations for 
refiling the charge or charges has expired or the prosecuting agency 

 
 
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confirms that the charge or charges will not be refiled; provided, 
however, this category shall not apply to charges that have been 
dismissed following the completion of a deferred judgment or delayed 
sentence; 
8.  The person was charged with a misdemeanor, the charge was 
dismissed following the successful completion of a deferred judgment 
or delayed sentence, the person has never been convicted of a 
felony, no misdemeanor or felony charges are pending against the 
person, and at least one (1) year has passed since the charge was 
dismissed; 
9.  The person was charged with a nonviolent felony offense, not 
listed in Section 571 of Title 57 of the Oklahoma Statutes, the 
charge was dismissed following the successful completion of a 
deferred judgment or delayed sentence, the person has never been 
convicted of a felony, no misdemeanor or felony charges are pending 
against the person, and at least five (5) years have passed since 
the charge was dismissed; 
10.  The person was convicted of a misdemeanor offense, the 
person was sentenced to a fine of less than Five Hundred One Dollars 
($501.00) without a term of imprisonment or a suspended sentence, 
the fine has been paid or satisfied by time served in lieu of the 
fine, the person has not been convicted of a felony, and no felony 
or misdemeanor charges are pending against the person; 

 
 
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11.  The person was convicted of a misdemeanor offense, the 
person was sentenced to a term of imprisonment, a suspended sentence 
or a fine in an amount greater than Five Hundred Dollars ($500.00), 
the person has not been convicted of a felony, no felony or 
misdemeanor charges are pending against the person, and at least 
five (5) years have passed since the end of the last misdemeanor 
sentence; 
12.  The person was convicted of a nonviolent felony offense, 
not listed in Section 571 of Title 57 of the Oklahoma Statutes, the 
person has received a full pardon for the offe