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Current Expunction Law

Oklahoma has laws in place that allow individuals to seal eligible criminal records. However, the process is said to be lengthy and expensive. According to the Oklahoma Policy Institute (OPI), around 93.5% of eligible records do not get sealed because people are unable to take the time and pay the fees that are involved.

When looking to have records expunged, Oklahomans are told they should seek out an attorney and file a petition. This process generally takes several months. A former state lawmaker was quoted as saying it is difficult for people to do this on their own. He estimated that getting a record expunged could cost anywhere from $1,500 to $5,000.

A Proposed Bill

To help eliminate the hardship of sealing records, the Oklahoma Legislature is considering House Bill 3316 (HB3316). If it passes, the state would then be authorized to develop an algorithm that identifies criminal records which are eligible for expunction and start the process of having them sealed.

The bill was unanimously approved by the House's Criminal and Corrections Committee. Next, it will be put up for a vote by members of the House. Legislators hope this bill will help individuals seal minor criminal records, which is expected to make it much easier for them to find employment, housing and other necessities.

Numerous studies have shown that having any type of record can make it tough for people to fully re-enter society. By passing a second chance bill like HB3316, lawmakers hope to reduce the rate of recidivism and give businesses larger applicant pools.

Discussion About The Bill

While legislators have generally been in favor of HB3316, they do not all agree on how far it should go. Some feel arrests that did not result in convictions and various misdemeanors would be eligible for automatic expunction, but felonies would not. One compromise they've discussed calls for automating expunction for certain types of records while maintaining a manual review of others.

Regardless of any ongoing differences of opinion, lawmakers in OK appear to be unified in their intent of creating a simple, effective and cost-free expungement process.

If HB3316 Passes

If HB3316 becomes law, it would take around a year to complete the technological infrastructure it requires. Employers in the state should be aware that if this is implemented, many Oklahomans could have arrest and other records sealed. Records that are expunged cannot be reviewed or considered for any employment purpose.

According to a representative of the OPI, plans for a new expunction process could be underway by as early as 2024. Business that operate in the state or anywhere else should know they must only review background checks that contain current, accurate and reportable information. One of the best ways to achieve this goal is to rely on screening services from an accredited Consumer Reporting Agency (CRA). CRAs follow strict procedures to confirm the data they supply can be used by employers to help them build strong teams, demonstrate due diligence and create safe working environments.

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