A. For purposes of this section, a person shall be considered for removal of the requirement to register as a sex offender if the person:
1. Was convicted of a violation of Section 1111.1 or 1114 of Title 21 of the Oklahoma Statutes and the person does not have any other conviction for a violation of Section 1111.1 or 1114 of Title 21 of the Oklahoma Statutes;
2. Is required to register as a sex offender solely on the basis of a violation of Section 1111.1 or 1114 of Title 21 of the Oklahoma Statutes; and
3. Was not more than four (4) years older than the victim of the violation who was fourteen (14) years of age or older but not more than seventeen (17) years of age at the time the person committed the violation.
B. If a person meets the criteria provided for in subsection A of this section, the person may petition the court in which the sentence for the conviction occurred for removal of the requirement to register as a sex offender. The person shall allege in the petition that the person meets the criteria provided for in subsection A of this section and that removal of the registration requirement will not conflict with federal law. The district attorney shall be given notice of the petition at least twenty-one (21) days before the hearing on the petition. The district attorney may present evidence in opposition to the requested relief or may otherwise demonstrate why the petition should be denied. The court shall rule on the petition and, if the court determines that the person meets the criteria provided for in subsection A of this section and removal of the registration requirement will not conflict with federal law, may grant the petition and order the removal of the registration requirement. If the court denies the petition, the person shall not be authorized to file any further petition for removal of the registration requirement pursuant to this section.
C. If a person, who has yet to be sentenced for a conviction for a violation of Section 1111.1 or 1114 of Title 21 of the Oklahoma Statutes, meets the criteria provided for in subsection A of this section, the person may move the sentencing court for removal of the requirement to register as a sex offender. The person shall allege in the motion that the person meets the criteria provided for in subsection A of this section and that removal of the requirement to register as a sex offender will not conflict with federal law. The district attorney shall be given notice of the motion at least twenty-one (21) days prior to the hearing on the motion. The district attorney may present evidence in opposition to the requested relief or may otherwise demonstrate why the motion should be denied. The court shall rule on the motion and, if the court determines that the person meets the criteria provided for in subsection A of this section and that removal of the requirement to register will not conflict with federal law, may grant the motion and order the removal of the registration requirement. If the court denies the motion, the person shall not be authorized to file any further motions or petitions for removal of the registration requirement pursuant to this section.
D. If a person provides to the Department of Corrections a certified copy of the order of the court removing the requirement that the person register as a sex offender, the registration requirement shall not apply to the person and the Department shall remove all information about the person from the public registry of sex offenders maintained by the Department. However, the removal of information about the person from the public registry shall not mean that the public is denied access to information about the criminal history or record of the person that is otherwise available as a public record.
Added by Laws 2009, c. 404, § 8, eff. Nov. 1, 2009.
Structure Oklahoma Statutes
Title 57. Prisons and Reformatories
§57-1. County commissioners - Inspection of jails.
§57-2. Prohibition against intoxicating beverages in jails.
§57-4. Jails to be kept clean - Care of prisoners.
§57-4.1. Administering medications.
§57-4.2. Restraints on pregnant inmates – Access to certain persons during delivery.
§57-5. Bible furnished for each prisoner - Ministers to have access.
§57-6. Courts may sentence to hard labor.
§57-7. Marshal shall superintend labor in towns.
§57-9. Penalty for cruelty to prisoners.
§57-10. Protection from annoyance - Penalty for annoying prisoners.
§57-13. Escape when committed for capital offenses a felony.
§57-14. Removal of prisoners in case of fire.
§57-15. When a poor convict is held for fine and costs.
§57-16. Jails of state to receive federal prisoners.
§57-16a. Receiving and holding United States prisoners – Immigration detainer requests.
§57-17. United States shall be liable for expenses.
§57-18. Calendar of United States prisoners.
§57-20. Credit on fine and costs - Credit for efficient work and good behavior.
§57-21. Contraband in jails or penal institutions - Penalties.
§57-22. Receiving compensation for providing goods or services for benefit of inmate – Penalties.
§57-31. Corporal punishment prohibited.
§57-32. Violation a misdemeanor.
§57-37. Facilities reaching maximum capacity.
§57-38. Jail reimbursement rate - Reimbursement for medical expenses.
§57-38.1. Reimbursement for disciplinary incarceration under community sentencing.
§57-38.2. Reimbursement for incarceration ordered as an intermediate sanction.
§57-38.3. Reimbursement and payment for medical care and treatment.
§57-41. Establishment or access to jail in another county - Private prison contractors.
§57-42. Common jails used as prisons, when.
§57-47. Sheriff to have charge of the jail.
§57-49. Sheriff shall furnish court with copy of register or computer record.
§57-51. Duty of county board - Medical officer - Reports.
§57-52. Sheriff to provide board, medical care and necessities - Compensation - Purchases.
§57-55. Penalty for sheriff's neglect.
§57-56. Penalty for breaking jail.
§57-58. Employment of prisoners.
§57-58.1. Public property maintenance and jail work details.
§57-58.2. Order of jail administrator for prisoner labor - Supply of guards.
§57-58.3. Sentence and fine or cost credits for prisoner labor.
§57-59. Grand juries shall examine prisons.
§57-60. Sheriff to be paid for keeping prisoners.
§57-61. Sheriff to keep copy of order of confinement.
§57-62. Commitments and discharges to be filed.
§57-63. Box containing commitments and discharges to be delivered to successor.
§57-64. County without prison.
§57-65. Credit for good behavior and blood donations - Duty of sheriff.
§57-68. Jail facilities operated by private prison contractor - Application of state law.
§57-69. Meals for county jail and correctional facilities personnel.
§57-95. Delivery of sentenced person by sheriff or detention center - Receipts.
§57-96. Foreign convicted offenders - Transfer or exchange.
§57-97. Department of Corrections Offender Transport Revolving Fund.
§57-115. Reentry program for offenders needing structured release.
§57-138. Earned credits - Eligibility.
§57-138.1. Meritorious acts - Credit.
§57-211. Occupational rosters.
§57-212. Requisition of service of prisoners - Direction to furnish prisoner personnel.
§57-214. Immunity from civil suits.
§57-217. Lists of prisoners eligible for public work projects.
§57-218. Expense of prisoners.
§57-220. Civil rights not restored.
§57-221. Violation of rules and regulations.
§57-224. Service or maintenance work for other state, county, municipality or federal agency.
§57-227. Application - Exemption from Workers' Compensation Act - Liability for injuries.
§57-228. Tort immunity - Waiver - Insurance.
§57-332. Pardons and paroles - Power of Governor.
§57-332.1. Professional investigators, clerical and administrative personnel.
§57-332.1A. Training for the members of the Pardon and Parole Board.
§57-332.1B. Pardon and Parole Board – Member eligibility.
§57-332.4. Selection of Chairman - Compensation and expenses.
§57-332.4a. Pardon and Parole Board - Reimbursements.
§57-332.6. Administration of oaths.
§57-332.7. Consideration for parole.
§57-332.8. Conditions for parole - Employment and residence assistance.
§57-332.15. Board members not to represent inmates - Voting prohibited in certain cases.
§57-332.16. Time for Governor to act on parole recommendation – Exceptions.
§57-332.18. Placement on Board docket for medical reason.
§57-332.19. Action by Governor on application for pardon.
§57-332.20. Two-stage parole consideration process - Tracking effects - Data collection.
§57-332.21. Power of Board to parole certain prisoners.
§57-347. Out-of-state parolee supervision - Compacts with other states.
§57-349.3. Rights of parolee or probationer.
§57-349.4. Hearings held in other states - Effect.
§57-350. Deduction from sentence of time spent on parole - Revocation of parole.
§57-353.1. Minimum and maximum terms of confinement – Assessment of terms by jury.
§57-354. Continuing study of prisoner by pardon and parole board - Hearings - Recommendations.
§57-355. Rules and regulations.
§57-357. Professional investigators - Qualifications - Waiver - Attorneys.
§57-358. Office space for interviewers - Access to inmate records.
§57-360. Notification of pardon or parole.
§57-360.1. Notice to victim notification service provider of projected date of release.
§57-400. Acute psychiatric care units.
§57-503. Board - Creation - Members - Terms - Removal.
§57-504. Board - Officers - Rules and regulations - Travel expenses - Powers and duties.
§57-504.7. Kate Barnard Community Corrections Center - Female inmates.
§57-505. Department - Creation - Divisions.
§57-506. Director - Qualifications - Appointment – Removal.
§57-507. Director - Status - Powers and duties.
§57-508. Divisions - Deputy Directors - Compensation - Qualifications of deputy directors.
§57-508.3. Construction Division.
§57-508.4. Investigations Division.
§57-509.1. Oklahoma Children's Center at Taft - Transfer to Department of Corrections.
§57-509.2. Town of Taft - Patrols and law enforcement.
§57-509.4. Special treatment program for inmates with severe psychiatric problems.
§57-509.6. Special unit for elderly, disabled and sick inmates.
§57-510. Penal institutions — Director's specific powers and duties.
§57-510.1. Time away from correctional facility for committed offender - Purposes.
§57-510.5. Oklahoma Inmate Literacy Act - Short title.
§57-510.6. Intent of Legislature - Educational opportunities for inmates.
§57-510.7. High school equivalency development – Duties of Department of Corrections.
§57-510.8. Priority of placement - Refusal to participate - Waiver of educational requirements.
§57-510.8a. Pilot programs on phonetics and reading.
§57-510.8b. Pilot diversion program.
§57-510.8c. Criminal Justice Pay for Success Revolving Fund.
§57-510.9. Electronic Monitoring Program.
§57-510.10. Electronic monitoring of inmates.
§57-510A. Department of Corrections Offender Management System Revolving Fund.
§57-512.1. Credits for compliance with terms and conditions of parole supervision.
§57-513. Discharged prisoners - Clothing, transportation and funds.
§57-513.2. Notification of completion of sentence or discharge of inmate from custody.
§57-513.2a. Failure to give notification - Improper disclosure - Immunity from liability.
§57-515. Probation-parole officers.
§57-515a. Felony probation supervision.
§57-521.1. Transformational Justice Act - Reentry Policy Council - Travel expenses.
§57-525. Offices and residences for wardens.
§57-528. Employees - Duties and compensation.
§57-528.1. Additional sick leave benefits.
§57-528.2. Limitations on additional sick leave benefits.
§57-528.3. Repair and replacement of employee's personal property.
§57-528.4. On-the-job safety and performance programs - Awards.
§57-528.5. Reimbursement for cost of commercial driver license.
§57-528.6. Critical incidents - Paid administrative leave.
§57-528.7. Hourly wage increase for Department personnel.
§57-528.8. Hourly wage increase for Department personnel at certain facilities.
§57-529. Medical research program - Expenses.
§57-530. Receiving center for new prisoners.
§57-530.1. Assessment and reception of inmates - Duties of Department of Corrections.
§57-530.2. Designating persons to receive personal property and remains of deceased inmate.
§57-530.4. Oklahoma Criminal Illegal Alien Rapid Repatriation Act of 2009.
§57-530.5. Inmate rehabilitation case plans.
§57-533. Centralized food buying - Management of agricultural and livestock services.
§57-535. Filling of a designated grade in next lower grade.
§57-537. Canteen System Board of Directors - Canteen system operations.
§57-538. Vocational-technical education policies and programs.
§57-539. Administrative actions.
§57-539.1. Methods for selection of vocational or vocational-technical programs offered to inmates.
§57-541. Industries Revolving Fund.
§57-543. Work release centers - Establishment and operation.
§57-543.1. Employment of inmates during strikes and labor disputes.
§57-545. Employment of inmates - Claims against inmates.
§57-549. Powers and duties of State Board of Corrections.
§57-549.1. Purchase of prison industries goods and services.
§57-549.2. Oklahoma Prison Industry Marketing Development Advisory Task Force.
§57-550. Designation of persons to act on behalf of Board of Corrections.
§57-551. Transfer of personnel spaces and funds.
§57-552. Referral of inmates to Pardon and Parole Board.
§57-555. Purchase of utility easements.
§57-556. Lease of residences near penal institutions.
§57-557. Department of Corrections Revolving Fund.
§57-557.2. Oklahoma Community Sentencing Revolving Fund.
§57-560. Architectural contracts - Restrictions.
§57-561.1. Private prison contractors - Requests for proposals or negotiated contracts.
§57-561.2. Siting of correctional facilities - Contractor selection process.
§57-561.3. Private prison operators to furnish medical care.
§57-561.4. Private Prison and Halfway House Capacity Development Revolving Fund.
§57-561.5. Distributions from Private Prison and Halfway House Capacity Development Revolving Fund.
§57-562. Correctional Officer Cadets.
§57-563.1. Location of private prison facilities - Restrictions.
§57-563.2. Private prison facilities for inmates.
§57-563.4. Transitional living facility – Location — Notification - Definition.
§57-564. Inmates to exhaust administrative remedies.
§57-564.1. Disciplinary proceedings – Judicial review – Requirements – Procedures.
§57-565. Affidavit in forma pauperis - Considering inmates deposited funds.
§57-566.1. Payments and distributions from damage awards.
§57-566.5. Exhaustion of administrative and statutory remedies.
§57-566.6. Claims in form of lien arising from prosecution, incarceration, or supervision of inmate.
§57-568. Hospice Care and Certified Nurse Assistant training program.
§57-581. Short title - Legislative findings.
§57-582. Persons and crimes to which act applies.
§57-582.1. Determination of offender's numeric risk level prior to release.
§57-582.4. Verification of numeric risk level by Department.
§57-585. Notifying offenders of obligation to register.
§57-586. False or misleading registration information.
§57-589. Registered offenders prohibited from certain employment - Penalties - Civil damages.
§57-590. Residency restriction - Penalty.
§57-590.2. Individual petition to remove requirement to register as sex offender.
§57-592. Definition of local law enforcement authority.
§57-593. Persons to whom act applies - Crimes to be registered under act - Judge's determination.
§57-596. Immunity from civil liability.
§57-598. Provision of false or misleading information.
§57-599. Violation - Penalties.
§57-599.1. Access to registries - Policies, procedures, forms and data.
§57-602. Authorization to execute compact - Text.
§57-623. On-site primary medical treatment programs.
§57-628. Intermediate revocation facilities.
§57-629. Sex offender stand-alone long-term care facility.
§57-631. County Community Safety Investment Fund
§57-632. Savings and averted costs from implementation of the Oklahoma Smart Justice Reform Act.