D. A. v. State ex rel. Oklahoma State Bureau of Investigation

Summary

The Oklahoma Supreme Court held that dismissal of criminal charges following successful completion of a drug court program is not a dismissal following completion of a deferred judgment or delayed sentence under 22 O.S. Supp. 2016 § 18. Accordingly, the petitioner was eligible to seek immediate expungement after completing drug court and obtaining dismissal of the charges. The court affirmed the district court's order granting expungement.

Holdings

1. A drug court's dismissal of charges following successful completion of the drug court program is not a dismissal following completion of a deferred judgment or delayed sentence within the meaning of § 18(7) or § 18(9), and therefore is not excluded from expungement or subjected to the five-year waiting period applicable to certain deferred-judgment or delayed-sentence dismissals.
2. D.A.'s drug court-related records were eligible for immediate expungement after successful completion of the drug court program and dismissal of the charges.

Questions Presented

1. Whether dismissal of charges after successful completion of a drug court program constitutes dismissal following completion of a deferred judgment or delayed sentence under 22 O.S. Supp. 2016 § 18.
2. Whether records relating to charges dismissed after successful completion of drug court may be expunged immediately rather than being excluded from expungement or subject to a five-year waiting period.

Disposition

affirmed