Best Criminal Defense Attorney Tulsa | DUI Drugs Lawyer | Cale Law Office
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The state Bureau of investigation six review the trial court’s order granting the petition to seal expunge records of the defendant. The OSB I asserted that the petitioner did not prove entitlement to expungement under the state statutes. Here’s a summary the case.
On October 17, 2012, trooper the Oklahoma Highway Patrol abreast of the petitioner complaints of driving under the influence of liquor or drugs. He also arrests her for possession of controlled substance and speeding. The Rogers County district attorney declined to pursue the complaint of driving under the influence of drugs, but charge the petitioner with reckless driving and speeding. In March 2013 the trial court imposed a 90-day deferred sentence on both charges. In April, the petition filed her petition assume expunge records. The petitioner lets the district attorney anticline prosecution the charge of driving under the influence of drugs. Therefore there existed a danger of adverse consequences to the petitioner’s privacy less the records are sealed.
She also argued that the adverse consequences to her outweighed any public interest in retaining the records. The petitioner thus prayed the record for arrest for driving under the influence of drugs be sealed. It was the I entering the parents objected. It asserted that the petitioner did not qualify relief for an expungement the petition responded that the expungement was allowed with the prosecution was declining the person was not charged for the acquisition made under arrest.
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The trial court held that because charges were not filed complaints of driving under the influence of drugs in the record should be sealed. David an individual’s right to seek expungement of criminal records is governed by the state statute which provides for expungement criminal records under certain circumstances. A person qualified in the state statutes be to petition the district court for sealing of whole or any part of the record except for basic identification information. Upon a finding of the harm of privacy in the personal interest or dangers of unwarranted adverse consequences, and the records can be sealed.
Best Criminal Defense Attorney Tulsa | DUI Drugs Lawyer
When a person establishes that one of the circumstances is shown to exist, prima facie showing of harm is made. The showing, the burden shifts to the opposing party, in this case, does PI to prove the public interest in keeping the records does not privacy interest in serves the ends of justice. As a matter statutory construction appellate court will review the trial court’s application of the statute de novo. The OSB I asserted below that the petitioner’s plea for expungement was part of the tenure provision of the statute. That section permits expungement where the person was charged with a nonviolent felony offense.
The charge was dismissed following the successful completion of the deferred judgment of the person is never been convicted of a misdemeanor or felony. Petitioner asserted that she is entitled to expungement which permits expungement of the person was charged with one were misdemeanor felony crimes and all charges dismissed. The person has not been convicted of a felony. Officially no misdemeanor or felony charges are pending a person.
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In one case, the Oklahoma Court of Criminal Appeals construed that section is touched to say that a person may seek expungement if he was rest of the charges are filed. Reading that section as a whole phrase charges were filed with first charges for the accusation made the arrest. Getting an expungement is a good way to get a bad criminal law record he raced. You might want to do this if you’re seeking a new job or trying to find housing.
The petitioner was arrested complaints of driving under the influence of drugs, possession of controlled substance, and speeding. The district attorney pursue charges for reckless driving and speeding arising out of the arrest. Even though the disc attorney declined to file charges for driving under the influence of drugs petitioner was not entitled to expungement. The charges of reckless driving and speeding worse object to dismiss upon the completion of the deferred sentence. A section of the statute permits expungement not 72 years after.
The defendant pleaded guilty to fill on a playing a weapon. The judge sentenced him to 10 years in prison with some of those here suspended. He appeals the revocation of his suspended sentence. After hearing on the application to revoke, the district court both the appellate suspended sentence. The facts lead to the pellets revocation are somewhat involved. On April the place operating plants was summoned to the appellant’s home to a someone had taken an overdose of drugs. This person was transported to the hospital and appellate and place it to me what drugs in the taken. At the hospital, the defendant became belligerent.
Because of the state of the creation officers arrested him for public intoxication. Of all contain to have been that means was confiscated from his shirt pocket. Officers then turned to a companion and told her to get rid of the amphetamines. Later, based on these facts, warrant was issued authorizing the place to search the defendant’s home.