Oklahoma Court Records
Are Criminal Records Public In Oklahoma?
In Oklahoma, criminal records are classified as public records and hence subject to disclosure. The Oklahoma Public Records Act authorizes relevant agencies to provide access to the public for inspection and copying of criminal records. Persons, third-parties, and state agencies seeking information about the criminal history of an individual may also access the required information.
However, criminal records that have been expunged or placed under a restriction are prohibited from public access. The Oklahoma Juvenile Code also requires confidentiality for most juvenile records.
Criminal records in the state are maintained by the Oklahoma State Bureau of Investigation (OSBI). Criminal records obtained from the OSBI are the most comprehensive criminal reports available in the state. Per the Oklahoma Open Records Act, Title 51 § 24.A.5.2, any requests for criminal records must include at least the full name and the date of birth of the subject. Additional information aliases and social security numbers are optional but may be provided to aid a complete search of the OSBI database.
What Is Included In A Criminal Record In Oklahoma?
An Oklahoma criminal record is an official document detailing history a subject has had with local law enforcement agencies at all levels. These include information on the person’s interactions with courts, law enforcement departments, and state correctional facilities.
The details of an Oklahoma criminal record include:
- The subject’s name and known aliases
- Biographical information such as age, date of birth, and sex
- Physical descriptors such as height, tattoos, hair color, and eye color
- Arrests information
- Disposition of all warrants
- Crime details
- Conviction details
How To Look Up My Criminal Records In Oklahoma?
The Oklahoma State Bureau of Investigation (OSBI) is the agency tasked with maintaining criminal records in the state. After an arrest and booking by the police in Oklahoma, the law enforcement agency faxes the arrest information to the OSBI to create a criminal history record information report. OSBI updates the criminal record by tracking the case through the courts (for cases that end up in courts)
Hence, requesters may place a request for a personal criminal record by submitting a completed Criminal History Request Form to the OSBI in person, by mail or fax. In line with Title 74 § 150.9, the OSBI charges a fee of $15 per record check, which must be included with the record request form. The fee is payable by cashier’s check, money order, business check, or credit card. Personal checks are not accepted, while cash is accepted for in-person requests only. Criminal records requested in person are usually obtained on the same day.
Make fax requests to (405) 879–2503. Only credit card payments are accepted for fax requests. For mail requests, include a self-addressed postage return envelope with the request form and application fee. Submit to:
Oklahoma State Bureau of Investigation
6600 N. Harvey
Oklahoma City, OK 73116
The OSBI is open Monday through Friday from 8:30 a.m. to 4:30 p.m. Persons that require a fingerprint-based criminal record may get fingerprinting done at the OSBI lobby. However, the service is only open to individuals whose fingerprints have been previously rejected twice by the OSBI. A fingerprint-based criminal record request costs $19. For more information about obtaining a criminal record from the OSBI, call (405) 848–6724.
Criminal records for violent offenders and sex offenders are maintained by the Oklahoma Department of Corrections (ODC). Requests for criminal records from the ODC database may also be made to the OSBI. A criminal record search for a violent offender costs $2 while that for a sex offender also costs $2 per request.
How Can I Get My Criminal Records For Free In Oklahoma?
Comprehensive criminal records in Oklahoma may be obtained at a nominal fee of $15 from the state Bureau of Identification. OSBI makes no provisions for waivers for the processing fee per Title 51 § 24. A.5.2.
How To Search Criminal Records Online In Oklahoma?
The OSBI provides an online resource for the public to conduct name-based criminal history searches. Also known as the OSBI’s Criminal History Information Request Portal (CHIRP),, the resource allows anyone to request and retrieve criminal records online instantaneously.
CHIRP requires users to provide the subject’s first name, last name, and date of birth. CHIRP searches the database three years before and after the date of birth to find possible matches for the information provided. Users may provide additional identifiers such as maiden names, previous married names, nicknames, and social security number may be provided if known, for a more thorough search of the CHIRP database. Per Title 74 § 150.9 (B)(2), a search on the OSBI Computerized Criminal History (CCH) database also costs $15. CHIRP allows searches including up to three alias names at no additional charges.
Although the Oklahoma Sex Offender Registry(SOR) and Mary Rippy Violent Offender Registry (VOR) are maintained by the Oklahoma Department of Corrections (DOC), CHIRP users may still request criminal records of persons registered on the databases through the CCH database. Per OSBI administrative rule, a SOR search costs $2, the same as for a VOR search. A combined search of both registries costs $4.
Using CHIRPY requires users to register on the portal while existing users may proceed to log on to conduct a criminal record search.
Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in
Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
How To Get Criminal Records Expunged In Oklahoma?
Under Oklahoma expungement laws, citizens with misdemeanor and felony convictions on their criminal records may be able to have those convictions expunged if certain requirements are met under 22 O. S. § 18 or 22 O. S. § 991c. Persons may qualify for one or both types of Oklahoma expungements. The first and the most important step in filing for expungement is to verify eligibility. Under 22 O. S. 991c, persons may only petition for an expungement if they made a plea and received a deferred sentence and have successfully completed probation and any other terms of the sentence. Note that records are not automatically expunged after completing the deferred sentence. The person seeking expungement is required to file a petition.
A section 991c expungement does not erase criminal records. Persons who have been granted an expungement of conviction(s) under this statute will still have their record’s disposition read “pled not guilty, case dismissed.” Under the section 991c statutes, the court records are sealed, while the arrest records are not. Persons with suspended sentences do not qualify to have their criminal records sealed under section 991c.
Under the broader section 18, more commonly known as full record expungement, individuals with criminal records will have their court records sealed as well as the files with the Oklahoma State Bureau of Investigation (OSBI). Such persons may also legally deny the conviction without any fear. Oklahoma stipulates specific criteria or circumstances for an expungement under section 18. These include:
- An individual must be acquitted.
- The conviction was overturned with instructions to dismiss the charge(s) by an appellate court of competent jurisdiction.
- An appellate court of competent jurisdiction overturned the conviction, and the prosecuting agency subsequently dismissed the charge.
- The factual innocence of an individual was established by DNA evidence after conviction. This includes persons already released from prison at the time innocence was established.
- An individual has received a full pardon by the Governor for the crime for which the person was sentenced.
- No charges of any kind, are filed, and the statute of limitations has expired, or the prosecuting agency has declined to file charges.
- The arrestee was below18 years of age when the offense was committed and has received a full pardon for the offense.
- The person was charged with one or more misdemeanor or felony crimes, and all charges were dismissed.
- There are no convictions or pending charges against the person, and the statute of limitations for refiling the charge(s) has elapsed.
- The prosecutor confirms that the charge(s) will not be refiled; this category does not apply to charges that were dismissed after the fulfillment of a delayed sentence or deferred judgment.
- An individual was charged with a misdemeanor; the charge was dismissed after the successful completion of a deferred judgment or delayed sentence.
- There are no pending charges against the person, and at least one year has elapsed since the charge was dismissed.
- A non-violent felony charge was dismissed upon completion of a deferred sentence, and the person has no other prior, subsequent, or pending misdemeanor or felony charges. At least ten years have elapsed since the dismissal.
- An individual was convicted of a misdemeanor, but at least ten years have passed, and the individual has no felony conviction or pending criminal cases.
- At least ten years have elapsed since an individual convicted of a non-violent felony offense, the person has since received a full pardon and has not been convicted of any other felony or misdemeanor in the previous 15 years.
- The individual was arrested for an offense committed by another person through identity theft.
After carefully determining eligibility for expunction under the two Oklahoma expungement statutes, applicants may follow this procedure to complete the petitioning process:
- Obtain a personal criminal history report from the OSBI. Obtaining an OSBI report will ensure the petitioner knows what the state record reflects.
- Draft a petition for expungement, an Order Setting Hearing, and an Agreed Order of Expungement. Include the name and address of the proper representatives of the agencies involved in the case in the petition draft. Samples of these drafts may be available at the District Courts in Oklahoma.
- File the Petition for Expungement at the District Court of the county in which the charges occurred
- Submit a copy of the Petition and the blank Order Setting Hearing in the judges “inbox” located in the judge’s chamber
- Mail a copy of the Petition for Expungement to every entity listed on the certificate. The District Attorney’s copy may be dropped off at the DA’s office in the courthouse.
- Return to the courthouse in a few days to pick up the signed Hearing Order from the judge’s “out-box.”
- Mail or deliver the signed Hearing Order to the everyone listed on the certificate of mailing of the Petition
- Ensure all parties sign the order. If all the parties intend to attend the hearing, the signing may be done there.
- Attend the hearing
- If successful, make at least two additional certified copies of the Expungement Order. Mail the order to all concerned parties.
- Mail a certified copy of the Expungement Order to the OSBI along with the $150 processing fee.
Note that there is a court fee ranging between $150-$180 depending on the county. It may also take up to a month for court records to be expunged after receiving the certified copy of the expungement order. The OSBI may also take up to a month upon receipt of the order and required fee before arrest records are finally expunged. Eligibility criteria for expungement frequently change, and the procedure involved may be complicated. Therefore, individuals seeking expungement are advised to hire the services of experienced expungement attorneys.
Who Can See My Expunged/sealed Criminal Records In Oklahoma?
Criminal records that have been expunged according to Oklahoma statutes have not been physically destroyed. Fingerprint cards are also not destroyed as Oklahoma expungement statutes do not mandate the destruction of physical records. Identifying information, including fingerprints, are still maintained by the OSBI. However, the records are sealed to everyone except law enforcement agencies.
Persons who have successfully expunged their criminal records under section 18 will have their records prohibited from public access. Persons who expunged their criminal records under section 991c still have their charges visible in a background check but will have a notation of “pled not guilty, case dismissed” in the disposition area. Pieces of evidence of the commission or conviction of a prior offense may be used as credibility or impeachment evidence in a later case.
Private sector records, such as newspaper articles, are not expunged and are still accessible to the public. Although traffic offenses are not eligible for expungement in Oklahoma, they are automatically removed from a person’s driving record after three years.