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Re: [Oama] EXPUNGEMENTS

RV
Ray Vincent
Wed, May 6, 2020 4:40 PM

I would include the District Court Clerk and the Appellate Court clerk citing all case numbers including the prior expungement proceeding.  And also the law inforcement agency. Sherrif and OSBI.

Sent from my Sprint Samsung Galaxy Note9.

-------- Original message --------
From: "Michael R. Vanderburg" mike.vanderburg@sbcglobal.net
Date: 5/6/20 10:54 AM (GMT-06:00)
To: Robert Thompson rthompson@cheekfalcone.com, Jon Miller jonmiller@jem-pc.com, oama@lists.imla.org
Subject: Re: [Oama] EXPUNGEMENTS

There is a practical problem. The City can expunge (seal but not destroy) all of its records on the person, and therefor report when asked that there are no such records, but the District and Appellate Court records will be decided on the merits by the court and not by the city.

Mike Vanderburg

Sent from Mailhttps://go.microsoft.com/fwlink/?LinkId=550986 for Windows 10

From: Robert Thompsonmailto:rthompson@cheekfalcone.com
Sent: Wednesday, May 6, 2020 10:22 AM
To: Jon Millermailto:jonmiller@jem-pc.com; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] EXPUNGEMENTS

The purpose of expungement is to clean up prior criminal record,  and any reporting of the record.  If the individual is entitled to expungement,  everything should be expunged that reveals the prior record.

Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City,  Okla.  73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.commailto:rthompson@cheekfalcone.com

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From: Oama oama-bounces@lists.imla.org On Behalf Of Jon Miller
Sent: Wednesday, May 06, 2020 10:06 AM
To: oama@lists.imla.org
Subject: [Oama] EXPUNGEMENTS

Counselors:

A non-COVID-19 question.  Petitioner files a proceeding seeking to expunge domestic-related charges and loses based on an old felony that was never closed out.  The case goes up on appeal and is affirmed.  While the appeal is pending, petitioner gets the old felony expunged.  Petitioner has now filed a new expungement proceeding.  In addition to seeking expungement of the domestic-related charged, he is asking that the prior expungement proceeding also be expunged.  Has anyone run into this situation?  I am having difficulty seeing how you can expunge a prior expungement proceeding that you lost.  Or how you can expunge an appellate proceeding.  Any thoughts or insight would be appreciated.

Jonathan E. Miller
City Attorney
City of Mustang
P.O. Box 546
Piedmont, Oklahoma  73078
Telephone: (405) 938-9108


This message is sent by a lawyer and may contain information that is privileged or confidential.  If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments.  This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.

I would include the District Court Clerk and the Appellate Court clerk citing all case numbers including the prior expungement proceeding. And also the law inforcement agency. Sherrif and OSBI. Sent from my Sprint Samsung Galaxy Note9. -------- Original message -------- From: "Michael R. Vanderburg" <mike.vanderburg@sbcglobal.net> Date: 5/6/20 10:54 AM (GMT-06:00) To: Robert Thompson <rthompson@cheekfalcone.com>, Jon Miller <jonmiller@jem-pc.com>, oama@lists.imla.org Subject: Re: [Oama] EXPUNGEMENTS There is a practical problem. The City can expunge (seal but not destroy) all of its records on the person, and therefor report when asked that there are no such records, but the District and Appellate Court records will be decided on the merits by the court and not by the city. Mike Vanderburg Sent from Mail<https://go.microsoft.com/fwlink/?LinkId=550986> for Windows 10 From: Robert Thompson<mailto:rthompson@cheekfalcone.com> Sent: Wednesday, May 6, 2020 10:22 AM To: Jon Miller<mailto:jonmiller@jem-pc.com>; oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: Re: [Oama] EXPUNGEMENTS The purpose of expungement is to clean up prior criminal record, and any reporting of the record. If the individual is entitled to expungement, everything should be expunged that reveals the prior record. Robert C. Thompson Cheek & Falcone, PLLC 6301 Waterford Blvd., Suite 320 Oklahoma City, Okla. 73118 direct telephone:405-286-9560 direct fax: 405-286-9680 Firm telephone: 405-286-9191 rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com> CONFIDENTIALITY NOTE: This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. Visit us at our website http://www.cheekfalcone.com/ From: Oama <oama-bounces@lists.imla.org> On Behalf Of Jon Miller Sent: Wednesday, May 06, 2020 10:06 AM To: oama@lists.imla.org Subject: [Oama] EXPUNGEMENTS Counselors: A non-COVID-19 question. Petitioner files a proceeding seeking to expunge domestic-related charges and loses based on an old felony that was never closed out. The case goes up on appeal and is affirmed. While the appeal is pending, petitioner gets the old felony expunged. Petitioner has now filed a new expungement proceeding. In addition to seeking expungement of the domestic-related charged, he is asking that the prior expungement proceeding also be expunged. Has anyone run into this situation? I am having difficulty seeing how you can expunge a prior expungement proceeding that you lost. Or how you can expunge an appellate proceeding. Any thoughts or insight would be appreciated. Jonathan E. Miller City Attorney City of Mustang P.O. Box 546 Piedmont, Oklahoma 73078 Telephone: (405) 938-9108 ********************************************************************************************* This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.