<A HREF="deliverdocument.asp?box1=2003&box2=OK CR&box3=17">2003 OK CR 17</A> 2003 OK CR 17"> 2003 OK CR 17, ___ P.3d ___, Decided 9/3/2003">

ORDER ADOPTING REVISION IN AND REPUBLISHING PORTION
OF THE RULES OF THE  OKLAHOMA COURT OF CRIMINAL APPEALS

 

¶1 Pursuant to the provision of Section 1051(b) of Title 22 of the Oklahoma Statutes, we hereby revise, adopt, promulgate and republish portions of the Rules of the Oklahoma Court of Criminal Appeals, 22 O.S.Supp. 2003, Ch. 18, App. set forth as follows and as set out in the attachment to this order:

Section XIV.  EXPUNGEMENT OF RECORDS; 14.1; 14.2, 14.3

¶2 These revisions shall become effective on the date of this order. 

¶3 IT IS SO ORDERED.

¶4 WITNESS OUR HANDS AND THE SEAL OF THIS COURT  this 3rd day of September, 2003.

  /s/ Charles A. Johnson  
  CHARLES A. JOHNSON, Presiding  Judge
  /s/ Steve Lile  
  STEVE LILE, Vice Presiding Judge
  /s/ Gary L. Lumpkin  
  GARY L. LUMPKIN, Judge
  /s/ Charles S. Chapel  
  CHARLES S. CHAPEL, Judge
  /s/ Reta M. Strubhar  
  RETA M. STRUBHAR, Judge

 

ATTEST:
/s/ Michael S. Richie
Clerk

 


 

SECTION XIV.   EXPUNGEMENT OF RECORDS

 

Rule 14.1 Persons who have obtained an order of expungement from a district court, pursuant to Title 22, Sections 18 and 19, may seek expungement of related criminal appellate records in this Court.

 

Rule 14.2 A party desiring expungement of appellate records must file an Application for Expungement with the Clerk of this Court.  The Application shall state (1) the category under which the person was qualified to seek expungement in the district court, as set forth in Title 22, Section 18; and (2) the date the district court entered the order of expungement and the scope of that order.  A certified copy of the district court’s order shall be filed with the Application for Expungement. 

 

Rule 14.3 Inspection of expunged criminal appellate records may thereafter be permitted by the court only upon the application of the petitioner who is the subject of such records, the Attorney General, or by the district attorney and only to those persons and for such purposes named in the application.

For purposes of this section, appellate records ordered expunged shall not be physically destroyed.  See Title 22, Section 19.