Oklahoma Arrest Records Search

What is Considered an Arrest in Oklahoma?

Oklahoma defines an arrest under Section 22-186 of its statutes. An arrest is the taking of an individual into custody so that they may be held to answer for a public offense. The legal framework for arrest in Oklahoma is provided under Title 22 of the state's statutes. In addition to this state law, Oklahoma arrest procedures abide by federal regulations, such as the Fourth Amendment. The Fourth Amendment protects citizens of the United States from unlawful searches and seizures.

Arrests may occur in Oklahoma for misdemeanors, felonies, infractions, and municipal code violations. Common offenses for which people are arrested in the state typically include:

• Traffic offenses such as DUI
• Drug offenses such as the possession, distribution, and trafficking of controlled or banned substances
• Domestic violence
• Public intoxication
• Disorderly conduct
• Probation or parole violations
• Weapons violations
• Resisting arrest or obstructing law enforcement
• Sex offenses
• Theft, burglary, assault, battery, fraud, forgery, homicide, and manslaughter

The legal framework for lawful arrests in Oklahoma lays out specific elements of arrest, such as:

• Custody and Control: Once arrested, an arrestee is placed in the custody of a law enforcement officer. The arresting officer must ensure the safety of the arrestee, the public, and fellow officers.
• Legal Authority: Oklahoma law enforcement officers are authorized under state law to make arrests with or without a warrant. Arrests by private persons are also legal under Section 22-202 of Oklahoma Statutes. Warrantless arrests by law enforcement officers are also legal per Section 22-196 of the Oklahoma Statutes under specific circumstances, such as when the suspect has committed a felony, and the officer has reasonable cause to believe the suspect committed it and for a public offense, committed, or attempted in the presence of the arresting officer.
• Miranda Rights: Law enforcement generally must inform the individual of their Miranda rights upon arrest. These include the right to remain silent and the right to legal representation. Failure to do so may impact the admissibility of statements made during an interrogation.
• Restraint and Transport: After the arrest, individuals are often handcuffed and transported to a police station or detention facility for processing. Law enforcement officers are allowed to use reasonable force if suspects show resistance to arrest or pose a threat to the safety of the public, the arresting officer, or themselves.
• Booking Process: After transport, the arrestee undergoes the booking process, which typically involves taking fingerprints, photographs, and personal information. They are then placed in a holding cell awaiting their court appearance.

Note that detention in Oklahoma is different from an arrest. Detention occurs when law enforcement briefly stops a person for questioning, often requiring only reasonable suspicion. This may happen during events like traffic stops or other investigative actions. Detention does not result in formal charges, and the individual is usually free to leave unless the officer's suspicions escalate into probable cause for an arrest.

An arrest, on the other hand, involves taking a person into custody based on probable cause that they committed a crime. Once arrested, the individual is transported to a detention facility, formally charged, and booked.

What is Unlawful Arrest in Oklahoma?

An unlawful arrest in Oklahoma is when a person is detained or taken into custody by law enforcement without proper legal justification. Several situations can make an arrest unlawful, including violations of state laws or constitutional rights. If an arrest has one of the following elements, it may be considered unlawful:

• Lack of Probable Cause: For an arrest to be lawful, the law enforcement officer making the arrest must have probable cause. Probable cause in Oklahoma "means a reasonable amount of suspicion, backed by circumstances sufficiently strong enough to lead a prudent and cautious person's belief, that certain facts are probably true." Consequently, based on facts and circumstances, there must be a reasonable belief that the person has committed, is committing, or is about to commit a crime. Arrests without this legal standard may be considered unlawful.
• Absence of a Warrant: Warrantless arrests are allowed in certain circumstances, such as when a crime is committed in the officer's presence or if the officer has probable cause to believe a felony has been committed. However, if an officer arrests someone without a warrant in a situation where a warrant is legally required, the arrest may be unlawful.
• Violation of Constitutional Rights: Per the Fourth Amendment of the U.S. Constitution and Article 2, Section 30 of the Oklahoma Constitution, individuals are protected from unreasonable searches and seizures. An arrest that violates these protections, such as being carried out without a valid warrant or probable cause, is unlawful.

Additionally, failing to read Miranda rights before interrogating a person in custody may lead to the arrest being challenged. However, this primarily affects the admissibility of evidence rather than the legality of the arrest itself.

• Excessive Force: Oklahoma law enforcement officers must use appropriate levels of force when making an arrest. Excessive force during the arrest, beyond what is necessary to control or detain the individual, may render an arrest unlawful. Per Section 22-34.1 of the Oklahoma Statutes, a law enforcement officer who uses excessive force to pursue their duties may be subject to the state's criminal laws to the same degree as any other citizen. Excessive force refers to physical force that exceeds the degree of physical force permitted by law or other guidelines and policies of the law enforcement entity making an arrest. Oklahoma presumes the use of excessive force when a law enforcement officer continues to apply physical force over what is permitted by law or the agency's policies and guidelines to an individual who has been rendered incapable of resisting arrest.
• Arrests Based on Racial Profiling or Discrimination: Arrests that occur due to racial profiling or discriminatory practices rather than based on legal standards may be considered unlawful. Per Section 22-34.3 of the Oklahoma Statutes, no municipal, county, or state law enforcement agency officer may engage in racial profiling. The law goes further to state that the race or ethnicity of an individual may not be the sole basis in determining the presence of probable cause to take into custody or arrest a person or in constituting a reasonable suspicion that an offense has been or is being committed to justify the arrest of a person. Such a violation of this law is considered a misdemeanor.
• Failure to Follow Legal Procedures: Officers are required to follow specific procedures outlined under the Oklahoma Code of Criminal Procedure when making an arrest. These typically include identifying themselves and informing the arrestee of the reason for the arrest. Failing to do so may contribute to an unlawful arrest claim.
• Arrest Outside Jurisdiction: Oklahoma law enforcement officers generally only have the authority to arrest individuals within their jurisdiction. Unless covered by specific exceptions, an arrest made outside an officer's legal authority may be unlawful.

In Oklahoma, the legal consequences of an unlawful arrest may affect both the criminal case against the arrested individual and the legal liability of the law enforcement officers or agencies involved. Some of these consequences typically include:

• Suppression of Evidence: If an arrest is deemed unlawful, any evidence obtained as a result of that arrest, such as statements or physical evidence, may be suppressed under the exclusionary rule. This means that the prosecution cannot use such evidence in court. This is based on the principle that evidence obtained in violation of a person's constitutional rights, particularly under the Fourth Amendment, should not be admissible.
• Dismissal of Charges: In some cases, if an unlawful arrest violates the defendant's constitutional rights, it may result in the dismissal of charges. Without the illegally obtained evidence, the prosecution may not have enough to continue the case, and the charges may be dropped.
• Civil Rights Lawsuits: An individual unlawfully arrested may file a civil rights lawsuit under 42 U.S. Code § 1983. This federal law allows individuals to seek compensation for violations of their constitutional rights by law enforcement officers or other government officials. The individual may sue for damages, including compensation for legal fees and punitive damages.
• Criminal Penalties for Law Enforcement Officers: In a few cases, if an unlawful arrest involves intentional misconduct, racial profiling, discrimination, or abuse of power, law enforcement officers may face criminal charges. For instance, a law enforcement officer may be charged with a misdemeanor for making an unlawful arrest due to racial profiling.

Are Arrest Records Public in Oklahoma?

Under the Oklahoma Open Records Act, arrest records in the state are generally considered public records. Most records are typically open to the public and may, therefore, be accessed by anyone. Public Oklahoma arrest records typically include:

• The individual's full name, date of birth, and gender
• The date, time, and location of the arrest
• The agency responsible for the arrest
• The alleged offense
• The specific charges filed against the subject of the record
• The amount of bail set, if applicable

Similarly, mugshots or booking photos are also public records. Unlike some statutes with provisions making booking photos inaccessible in public searches, the Sooner State has no law or regulation preventing public access to mugshots.

Note that some records or portions of arrest data may be inaccessible to the public. Identifying information such as Social Security numbers may be redacted, while entire records relating to the following may also be inaccessible to the public:

Juvenile Arrests: Arrest records for individuals under 18 years old may not be publicly accessible in Oklahoma pursuant to Title 10A, Oklahoma Statutes § 2-6-102.

Sealed or Expunged Records: The associated arrest record will no longer be publicly available if an individual's arrest record has been expunged or sealed. Expungements in the state are governed by 22 O.S. § 18 and § 19.

Ongoing Investigations: Entire arrest records or portions of them may be withheld if releasing them could interfere with an ongoing investigation or jeopardize law enforcement activities. The state made a provision for records in this category under Title 51, Oklahoma Statutes § 24A.8(B).

What are the Types of Arrest Records in Oklahoma?

Arrest records in Oklahoma are maintained at two levels: local and state. At the local level, arrest records are kept by the local police departments and county sheriff's offices with jurisdiction over the arrest. At the state level, the record is more comprehensive, with the record maintained by the state custodian containing arrest records from all jurisdictions in the state, convictions, dismissals, acquittals, records of probation or parole, and other outcomes in court cases originating from arrests.

Where are Arrest Records Kept in Oklahoma?

The following agencies generally keep arrest records in Oklahoma:

• Local Police Department and County Sheriff's Offices: Local law enforcement agencies maintain arrest records for incidents within their jurisdictions. These records typically include the arrestee's name, age, details of the incident leading to the arrest, and charges filed. You may submit a request directly to the relevant local agency to obtain an arrest record from a particular jurisdiction.
• Oklahoma State Police: The Oklahoma State Bureau of Investigation (OSBI) maintains a central database for arrest and criminal records in the state. These records are compiled from various local law enforcement agencies and courts throughout the state. The database typically includes arrest history, associated charges, and legal outcomes.
• Oklahoma Department of Public Safety (DPS): The Oklahoma DPS manages driver records and statewide safety initiatives and may be able to provide arrest reports for DUI/DWI.
• Oklahoma Courts: Oklahoma court records may include court filings, case dispositions, and sentencing information. Court filings typically include arrest documentation, motions, and case proceedings.
• FBI: The FBI and other federal agencies generally maintain records of arrest for offenses relating to the violation of federal laws in Oklahoma. Some of the records maintained by these agencies are for arrests made by the Drug Enforcement Administration and Immigration and Customs Enforcement.
• Correctional Facilities: The Oklahoma Department of Corrections (ODOC) manages state correctional facilities and inmate information for persons incarcerated in state-managed correctional facilities. Federal correctional facilities in the state are also managed by the Bureau of Prisons (BOP). Arrest records for inmates in these facilities may be obtained from the agencies managing them.

How To Find Public Arrest Records in Oklahoma?

You may find Oklahoma arrest records in the following ways:

• Visiting Local Police Departments and County Sheriff's Offices: If you know the local agency that made an arrest in Oklahoma, you may submit a request to the office of the agency to access the record of the record. Some law enforcement agencies offer online access to recent arrest logs and incident reports, while others may require requesters to submit a written request in person or by mail.
• Submitting a Request to the Oklahoma State Bureau of Investigation: To request a criminal history record from the OSBI, complete and submit a record check form at the OSBI headquarters at 6600 North Harvey Place, Oklahoma City, OK 73116. Requests for arrest records may also be faxed or mailed to the OSBI. The OSBI maintains an online system that allows requesters to make a name-based criminal history record check electronically. A name-based check costs $15.

If you prefer a fingerprint-based criminal history record check, it must be made via mail or in person. You must complete and submit a record check form, one set of inked fingerprints taken on your fingerprint card, and a $19 fee (paid by check or money order) to:

Note that fingerprint searches require a minimum of four weeks to complete; replies are made by mail.

• Contacting the Oklahoma Department of Public Safety: To obtain arrest information from the Oklahoma Department of Public Safety, submit a completed Open Records Request Form by email to dpsopenrecords@dps.ok.gov or mail to:

Note that the DPS charges $0.25 per printed page of the document requested, while a certification costs $3. The DPS must receive payment within 30 days of the requester's notification that their request has been processed. If documents are burnt to a disc, the cost is $5 per disc. When your request is ready, you will be notified by email.

• Accessing Oklahoma Court Records: Oklahoma trial courts maintain electronic and physical copies of court records that may be searched at the court premises or online. You may find arrest records from case information for Oklahoma court proceedings by contacting the clerk of the court where the case was filed or online via the Oklahoma on Demand Court Records portal.
• Using Arrest Record Search Services Offered by Third-Party Websites: Third-party websites, such as RecordsFinder, generally offer online access to public records in Oklahoma, enabling users to search for arrest-related information for arrests made in Oklahoma and other states in the United States. These sites generally compile data from official sources; however, they are not affiliated with government agencies, and the extent of available information may differ from one site to another.

How Long Do Arrests Stay on the Record in Oklahoma?

Arrest records stay indefinitely on your record in Oklahoma unless otherwise expunged. According to the Clean Slate Act (CSA), starting in 2025, arrests that did not result in a conviction may be automatically sealed or expunged under the provisions of the CSA. If your record is not eligible for automatic expungement, you must apply for an expungement to remove the arrest from your Oklahoma record.

How To Seal or Expunge an Arrest Record in Oklahoma?

Expungement in Oklahoma does not destroy an arrest record but seals it, making it inaccessible to the public. Although the Sooner State provides a Section 991(c) expungement (also called partial expungement), allowing for a person to receive a deferred sentence to expunge their plea and have their case disposition updated to show the case has been dismissed, the provision for the expungement of entire arrest records is outlined in Section 18 of the Oklahoma Statutes Citationized.

Per a Section 18 expungement in Oklahoma, an individual may petition for an expungement of their arrest record if they fall into any of the following categories:

• The person was acquitted of the crime.
• The person was convicted, but the conviction was reversed and dismissed by an appellate court.
• The person's innocence was proven by DNA evidence after conviction, including those already released from prison.
• The person received a full pardon from the Governor for the crime.
• The person was arrested, but no charges were filed, and the statute of limitations has expired, or the prosecution declined to file charges.
• The person committed the offense under 18 and received a full pardon.
• All misdemeanor or felony charges were dismissed, with no pending charges, and the statute of limitations expired, excluding deferred judgment cases.
• The misdemeanor charge was dismissed after the successful completion of a deferred sentence, with no prior felony convictions or pending charges, and at least one year has passed since dismissal.
• The nonviolent felony charge was dismissed after the successful completion of a deferred sentence, with no felony convictions or pending charges, and at least five years have passed since dismissal.
• The person was convicted of a misdemeanor with a fine less than $501, has paid the fine or served time, and has no other pending or prior felony convictions.
• The person was convicted of a misdemeanor with a fine over $500 or imprisonment, and at least five years have passed since the last sentence ended, with no other convictions or pending charges.
• The person was convicted of a nonviolent felony, has no other felony or recent misdemeanor convictions, and five years have passed since sentence completion.
• The person was convicted of not more than two felonies (not requiring registration as a sex offender) with no pending charges, and at least ten years have passed since sentence completion.
• The person was charged or arrested for a crime committed by someone who stole their identity.
• The person was convicted of a nonviolent felony that was later reclassified as a misdemeanor, has completed their sentence, and satisfied all court-ordered conditions, including restitution and treatment programs.

Although a lawyer is not mandatory to complete an Oklahoma expungement process, due to the complex law surrounding expungement, paperwork, notice, and legal requirements necessary to petition for an expungement successfully, the Oklahoma State Bureau of Investigation typically recommends that petitioners hire a lawyer. Oklahoma courts hold petitioners to the same standard for knowing and following applicable expungement laws as they would attorneys.

To file for expungement in Oklahoma, follow these general steps:

• Gather Required Information and documents: Collect all necessary documentation related to your arrest or conviction, such as court records, sentencing documents, proof of sentence completion, and other relevant information. The information in these records will be required on the petition to be submitted to the court. The information you need includescase number,court dispositions,proof of fines paid or probation completed, and Governor's pardon (if applicable)
• Obtain a Certified Copy of Your Criminal Record: You may request your criminal record from the Oklahoma State Bureau of Investigation (OSBI).
• File a Petition for Expungement: Draft a Petition for Expungement, which typically includes the details of your case and the reason you are requesting expungement. The petition must be filed in the district court where the arrest or conviction occurred. In the petition, include your name, the crimes you were charged with, the arrest date, and the disposition of your arrest or charges in court.

Also, you must provide all relevant documents that support your case and demonstrate your eligibility, such as court dispositions, proof of completed sentences, or evidence of a pardon.

• Notify Relevant Agencies: After filing the petition, you must notify all relevant parties, including the District Attorney who prosecuted the case, the Oklahoma State Bureau of Investigation (OSBI), the arresting law enforcement agency, and any other law enforcement or government agency involved. These agencies have the right to contest your expungement and will be notified of the hearing.
• Attend a Court Hearing: A hearing will be scheduled after you file the petition. You must attend the hearing where the judge will consider the case. The District Attorney or law enforcement agencies may present objections to the expungement during this hearing.The judge will determine whether your expungement is granted based on your eligibility, the circumstances of the case, and any objections.
• Receive the Court's Decision: If the judge approves your expungement, the court will issue an order for expungement. Note that the order issued by the judge may be for removing only some of your records and limiting who may access your records. The court will notify all relevant agencies, including the OSBI and law enforcement, to ensure your records are expunged.

If the court grants you a partial sealing expungement, the record will not be available to the public but will be available to law enforcement agencies for law enforcement purposes. A fully sealed expunged record is not available to the public or law enforcement. However, such records may be retained in the state criminal history repository but made only accessible to designated employees of the OSBI for research and statistical purposes.

You may file a petition to expunge multiple arrests in the same county in a single petition. However, a separate petition is required to be filed for each county with the records you want expunged.

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