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Expungement fees

R
rayvincent@coxinet.net
Mon, Jan 2, 2023 7:01 PM

Anyone else get one of these?

Raymond A. Vincent
Raymond A. Vincent, PLLC
1919 S. Sunnylane Rd., Suite 200
Del City, Oklahoma 73115
405-235-0484
Fax 405-236-3689

CONFIDENTIALITY NOTE

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Anyone else get one of these? Raymond A. Vincent Raymond A. Vincent, PLLC 1919 S. Sunnylane Rd., Suite 200 Del City, Oklahoma 73115 405-235-0484 Fax 405-236-3689 CONFIDENTIALITY NOTE This e-mail transmission, and all documents, files or previous e-mail messages attached to it, are being sent by an attorney and may contain information that is confidential or legally privileged. This transmission is intended solely for the exclusive use of the named recipient. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you.
RJ
Ray Jones
Tue, Jan 3, 2023 6:21 PM

I haven't seen one yet.  It is an interesting petition. There is obviously a good argument that can be made that expungements are a matter of statewide concern, but I wonder.  The State has granted the power to municipalities to keep and maintain its records at 11 O.S. § 22-123.1. The State has also granted power to all municipalities to raise revenue. The State imposes a fee for the OSBI to remove documents that are expunged. It is interesting that the fee is found in Title 74, which strictly applies to State government and is not in the section governing criminal procedure. In the absence of any expungement fees under Title 11 and no specific reference to fees under Title 22, is the imposition of a fee to scour, protect, and remove documents from the public record necessarily and fairly implied by the Legislature's grant of power to the municipalities to keep and maintain records and generate revenue? Just brainstorming.

Ray Jones

From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Monday, January 2, 2023 12:53 PM
To: OAMA oama@lists.imla.org
Subject: [Oama] Expungement fees

Anyone else get one of these?

Raymond A. Vincent
Raymond A. Vincent, PLLC
1919 S. Sunnylane Rd., Suite 200
Del City, Oklahoma 73115
405-235-0484
Fax 405-236-3689

CONFIDENTIALITY NOTE

This e-mail transmission, and all documents, files or previous e-mail messages attached to it, are being sent by an attorney and may contain information that is confidential or legally privileged. This transmission is intended solely for the exclusive use of the named recipient. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you.

I haven't seen one yet. It is an interesting petition. There is obviously a good argument that can be made that expungements are a matter of statewide concern, but I wonder. The State has granted the power to municipalities to keep and maintain its records at 11 O.S. § 22-123.1. The State has also granted power to all municipalities to raise revenue. The State imposes a fee for the OSBI to remove documents that are expunged. It is interesting that the fee is found in Title 74, which strictly applies to State government and is not in the section governing criminal procedure. In the absence of any expungement fees under Title 11 and no specific reference to fees under Title 22, is the imposition of a fee to scour, protect, and remove documents from the public record necessarily and fairly implied by the Legislature's grant of power to the municipalities to keep and maintain records and generate revenue? Just brainstorming. Ray Jones From: rayvincent@coxinet.net <rayvincent@coxinet.net> Sent: Monday, January 2, 2023 12:53 PM To: OAMA <oama@lists.imla.org> Subject: [Oama] Expungement fees Anyone else get one of these? Raymond A. Vincent Raymond A. Vincent, PLLC 1919 S. Sunnylane Rd., Suite 200 Del City, Oklahoma 73115 405-235-0484 Fax 405-236-3689 CONFIDENTIALITY NOTE This e-mail transmission, and all documents, files or previous e-mail messages attached to it, are being sent by an attorney and may contain information that is confidential or legally privileged. This transmission is intended solely for the exclusive use of the named recipient. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you.