Oklahoma Motion To Seal Juvenile Records

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Multi-State
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US-03332BG
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

Expungement of Youthful Offenses Generally speaking, juvenile records are confidential. However, there are exceptions: A juvenile was charged as an adult or certified as a youthful offender. The record is for violation of traffic or motor vehicle laws.

Go to the court in the county where you were charged. Ask the clerk for a petition to expunge. Complete the petition to file it with the court. Pay the filing fee.

Violent felonies cannot be expunged, and there are some non-violent felonies that will not be eligible either. Depending on the felony the person was convicted of, it may be changed to a misdemeanor, which would mean they can have it expunged.

A section 18 expungement order will seal those records. They will not be available to the public. All expunged records remain available to courts and law enforcement. Once your arrest, conviction, dismissal, or acquittal is sealed, in most cases, you can legally deny being arrested or convicted.

All states have some sort of procedures that allow juveniles to petition to either seal or expunge their records in certain cases. However, these procedures can be confusing and cumbersome, and in many instances, the young person is never notified if, when or how the record can be expunged.

Ing to 10A OK Stat § 10A?2?6?102v1 (2014), Oklahoma juvenile documents are only available for public inspection to persons with a court order. However, individuals such as the judge, court employees, staff of juvenile bureaus, and other government officials can retrieve juvenile case files without a court order.

During the enlistment process, if it is made known there is a criminal history, the juvenile may sign a release form giving the military access to his/her records. Note:? There is nothing in the TFC that is designed to allow the military to force the juvenile to give unsealed records to the recruiter.

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Oklahoma Motion To Seal Juvenile Records