Counselors: With the increase in expungement proceedings, petitioner attorneys have started "stacking" their expungement requests and arguing that the joinder of claims statute, 12 Okla. Stat. §2018, allows the court to, for example, expunge a felony case and then immediately treat that felony conviction as no longer existing so that it is not an impediment to qualifying to expunge multiple misdemeanor convictions that are included in the same proceeding. I have opposed that practice for various reasons, but had not yet had a court rule on that objection. The Oklahoma Court of Civil Appeals last month, in an unpublished opinion, affirmed a district court holding that just because a felony conviction is expunged does not mean that it no longer exists, and that an expunged felony conviction will prevent expungement of a misdemeanor where the petitioner must show no prior felony conviction to qualify under 22 Okla. Stat. §18. The decision is attached for your review and consideration. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.