Oklahoma Expungement Laws: 22 O.S. § 18, Clean Slate & How to File (2026)
Oklahoma Expungement Laws: 22 O.S. § 18, Clean Slate, and How to File
Oklahoma gives courts and the Oklahoma State Bureau of Investigation (OSBI) authority to seal criminal records under 22 O.S. §§ 18 and 19, and the 2022 Clean Slate Act (HB 3316) added a path to automatic expungement for hundreds of thousands of Oklahomans.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers Oklahoma state expungement law only. For a comparison across all jurisdictions, see Expungement Laws by State.
Who Qualifies Under 22 O.S. § 18
Oklahoma's primary expungement statute, 22 O.S. § 18(A), lists 16 categories of eligibility. The categories cover a wide range of outcomes, from acquittals and dismissals to certain convictions. Key categories include:
Acquittal or reversed conviction. A person who was acquitted at trial, or whose conviction was reversed on appeal with a dismissal instruction, may petition immediately with no waiting period (22 O.S. § 18(A)(1) and (2)).
No charges filed. A person who was arrested but never charged qualifies once the statute of limitations has expired or the prosecutor formally declines to file (22 O.S. § 18(A)(5)).
All charges dismissed without deferral. A person with no felony conviction history whose charges were all dismissed (not as part of a deferred judgment) may petition once the refiling window has closed (22 O.S. § 18(A)(7)).
Misdemeanor deferred judgment. A person whose misdemeanor was dismissed after successful completion of a deferred judgment must wait at least one year before petitioning (22 O.S. § 18(A)(8)).
Nonviolent felony deferred judgment. A person whose nonviolent felony was dismissed after a deferred judgment must wait at least five years. Offenses listed in 57 O.S. § 571 are excluded (22 O.S. § 18(A)(9)).
Minor-fine misdemeanor conviction. A person convicted of a misdemeanor with a fine under $501 and no imprisonment may petition immediately once the fine is paid (22 O.S. § 18(A)(10)).
Misdemeanor conviction with imprisonment or larger fine. A person convicted of a misdemeanor with imprisonment, a suspended sentence, or a fine over $500 must wait five years after sentence completion (22 O.S. § 18(A)(11)).
Single nonviolent felony conviction. A person with one nonviolent felony conviction (no other felony, no misdemeanor in the prior seven years, no pending charges) must wait five years after sentence completion. Offenses under 57 O.S. § 571 are excluded (22 O.S. § 18(A)(12)).
Two or fewer felony convictions. A person with no more than two nonviolent felony convictions (excluding 21 O.S. § 13.1 offenses and sex-registration offenses) must wait 10 years after sentence completion (22 O.S. § 18(A)(13)).
Reclassified felony. A person whose nonviolent felony was later reclassified as a misdemeanor may petition 30 days after sentence completion, provided restitution and any required treatment are complete (22 O.S. § 18(A)(16)).
Offenses that require registration under the Sex Offenders Registration Act and offenses listed in 57 O.S. § 571 (violent crimes) are excluded from the conviction-based categories. Fingerprint cards are not destroyed upon expungement; only the record is sealed.
Oklahoma Clean Slate Act: Automatic Expungement Under HB 3316
Oklahoma enacted HB 3316 in 2022, creating the Clean Slate Act with an effective date of November 1, 2022. The law authorizes OSBI to automatically seal eligible records without requiring the individual to file a court petition.
Which records qualify. Under the Clean Slate framework, 11 of the 16 categories in § 18(A) are eligible for automatic sealing, including acquittals, dismissed charges, pardoned offenses, misdemeanor deferred judgments, and certain nonviolent felony categories, provided the person has no disqualifying new charges and the applicable waiting period has passed.
Implementation timeline. The original HB 3316 set a target of three years after the effective date, which pointed to November 1, 2025. That deadline was not met due to the scope of work required to build a new computerized criminal history (CCH) system. OSBI received appropriations in fiscal years 2024 and 2025 to fund the system.
In May 2026, Governor Kevin Stitt signed Senate Bill 2030, which sets revised deadlines:
- November 1, 2026: OSBI must launch a free online expungement request portal.
- November 1, 2027: The automatic expungement system must be operational.
- Before November 1, 2029: All eligible records must be identified and expunged through the automated process.
Until the automatic system is active, individuals who qualify may still file a petition under § 18 and § 19. OSBI can be reached at cleanslate@osbi.ok.gov or 405-879-2641 for status updates.
Section 991c Deferred Sentence Expungement vs. Section 18
Oklahoma provides two distinct expungement paths for people who completed a deferred sentence:
Section 991c allows the court to update the disposition on a deferred-sentence case to read "pled not guilty, case dismissed." This seals the plea itself and removes the conviction from the court record. However, a § 991c order does not remove the underlying arrest record from OSBI's files.
Section 18 is required to seal the arrest record. A person who received a § 991c order and wants the full arrest record sealed must also file a separate petition under § 18(A)(8) (misdemeanor deferred) or § 18(A)(9) (nonviolent felony deferred), subject to the applicable waiting period.
Many Oklahomans need both steps to achieve a complete seal. Consulting an Oklahoma-licensed attorney before filing helps confirm which path applies and whether any waiting periods have been satisfied.
How to File a Petition Under 22 O.S. § 19
Any person who qualifies under § 18 may file a petition in the district court of the county where the arrest record is held. The same county handles both the court record and the arrest record if both occurred there. If arrests occurred in multiple counties, a separate petition is required for each county, although multiple offenses within one county can be combined in a single petition (22 O.S. § 19).
Step 1: Gather required information. The petition must include full legal name, Social Security number, date of birth, charges filed, arrest date, and case disposition. For domestic-related charges, include a police narrative identifying the victim relationship to avoid processing delays.
Step 2: File in district court. Court record expungement carries no filing fee. After the petition is filed, the court sets a hearing date and provides 30 days of notice to the prosecuting agency, the arresting agency, OSBI, and any other interested party. The State may object to the petition even if the petitioner technically qualifies.
Step 3: Serve OSBI. Once the court grants the order, send a certified copy to OSBI. The arrest record expungement requires a $150 processing fee payable by cashier's check or money order (personal checks are not accepted). Local law enforcement agencies may charge additional fees.
Step 4: Allow processing time. Court records and arrest records each take approximately one month to seal after OSBI receives the certified order. OSBI does not send a completion notice.
If the expungement was granted under § 18(A)(3) (DNA exoneration) or § 18(A)(4) (full gubernatorial pardon), the court will order reimbursement of all filing fees and court costs.
What Expungement Does and Does Not Do
An Oklahoma expungement under § 18 seals the record, making it unavailable to the public and, for fully sealed records, unavailable to law enforcement as well. Partially sealed records remain accessible to law enforcement agencies.
Records expunged under conviction-based categories (§ 18(A)(8) through (13)) remain admissible in any subsequent criminal prosecution to prove the existence of a prior conviction or deferred judgment without a court order. This means prosecutors can still use the sealed record against a person charged with a new crime.
FBI records are also expunged if the underlying state arrest record is expunged. Fingerprint cards held by OSBI are not destroyed.
Under Oklahoma law, a person whose record has been expunged may lawfully deny the existence of the arrest or conviction in most circumstances, including on job applications, unless a specific law requires disclosure (for example, applications for certain professional licenses or law enforcement positions).
Disclaimer: This article describes Oklahoma expungement law as of May 29, 2026, based on 22 O.S. §§ 18 and 19, HB 3316 (2022), and SB 2030 (2026). Laws change. Consult a licensed Oklahoma attorney for advice about your specific situation.
More Oklahoma Laws
- Oklahoma Data Privacy Laws
- Oklahoma Recording Laws
- Oklahoma Recording Laws
- Oklahoma Recording Laws
- Oklahoma Lemon Laws
- Oklahoma Data Privacy Laws
- Oklahoma Data Privacy Laws
- Oklahoma Recording Laws
Sources
The information in this article is drawn from official Oklahoma government sources including the Oklahoma State Courts Network statute text, the Oklahoma State Bureau of Investigation, and enrolled Oklahoma legislation.
- Oklahoma State Courts Network, 22 O.S. § 18, Expungement of Criminal Records: https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=440214
- OSBI, Criminal History Record Expungement: https://oklahoma.gov/osbi/services/information-services-division/disposition-services-unit/criminal-history-record-expungement.html
- OSBI, Clean Slate Initiative: https://oklahoma.gov/osbi/services/information-services-division/clean-slate-initiative.html
- Oklahoma Legislature, HB 3316 Enrolled (2022): https://www.oklegislature.gov/cf_pdf/2021-22%20ENR/hB/HB3316%20ENR.PDF
Related Articles
- Expungement Laws by State
- DUI Expungement by State: Which States Allow It?
- How to Check If Your Record Has Been Expunged
RecordingLaw.com provides general legal information, not legal advice. Laws change frequently. Verify current statutes at oscn.net or oklahoma.gov before making legal decisions.