Expungement fees
OKC adopted a $150 fee for police record expungements in 2006 using the same rationale. It is codified at OKC Municipal Code Section 60-2-2, paragraph "j."
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Today's Topics:
- Re: Expungement fees (Ray Jones)
- IMLA January Webinars (Caroline Storer)
Message: 1
Date: Tue, 3 Jan 2023 18:21:13 +0000
From: Ray Jones <jones@lytlesoule.commailto:jones@lytlesoule.com>
Subject: [Oama] Re: Expungement fees
To: "rayvincent@coxinet.netmailto:rayvincent@coxinet.net" <rayvincent@coxinet.netmailto:rayvincent@coxinet.net>, OAMA
<oama@lists.imla.orgmailto:oama@lists.imla.org>
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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.netmailto:rayvincent@coxinet.net <rayvincent@coxinet.netmailto:rayvincent@coxinet.net>
Sent: Monday, January 2, 2023 12:53 PM
To: OAMA <oama@lists.imla.orgmailto: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
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I recall seeing a statutory amendment that authorized municipalities to charge expungement fees but I'm having difficulty finding it.
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttp://www.normanok.gov/
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From: Jones, Orval E orval.jones@okc.gov
Sent: Wednesday, January 04, 2023 9:43 AM
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OKC adopted a $150 fee for police record expungements in 2006 using the same rationale. It is codified at OKC Municipal Code Section 60-2-2, paragraph "j."
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Today's Topics:
- Re: Expungement fees (Ray Jones)
- IMLA January Webinars (Caroline Storer)
Message: 1
Date: Tue, 3 Jan 2023 18:21:13 +0000
From: Ray Jones <jones@lytlesoule.commailto:jones@lytlesoule.com>
Subject: [Oama] Re: Expungement fees
To: "rayvincent@coxinet.netmailto:rayvincent@coxinet.net" <rayvincent@coxinet.netmailto:rayvincent@coxinet.net>, OAMA
<oama@lists.imla.orgmailto:oama@lists.imla.org>
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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.netmailto:rayvincent@coxinet.net <rayvincent@coxinet.netmailto:rayvincent@coxinet.net>
Sent: Monday, January 2, 2023 12:53 PM
To: OAMA <oama@lists.imla.orgmailto: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
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This is an interesting lawsuit. I have had a firm refuse to pay the expungement fee after entry of the expungement order. The attorney tried to avoid the issue by not mailing me a certified copy of the expungement order (he said he didn't send me the order because he didn't care whether the city expunged its records). After filing a term time motion to vacate to remove the city from inclusion in the order (which I had reviewed and approved), and a hearing, the attorney finally paid the expungement fee.
I believe an argument can be made that because the state fee is in Title 74 and is not part of the expungement statutes that it is a revenue measure. Risley does not allege that the OSBI fee is improper, although it has the same effect as expungement fees legislatively enacted by municipalities.
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
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From: Jones, Orval E orval.jones@okc.gov
Sent: Wednesday, January 4, 2023 9:43 AM
To: oama@lists.imla.org
Subject: [Oama] Expungement fees
OKC adopted a $150 fee for police record expungements in 2006 using the same rationale. It is codified at OKC Municipal Code Section 60-2-2, paragraph "j."
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Sent: Tuesday, January 3, 2023 3:34 PM
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Subject: Oama Digest, Vol 38, Issue 1
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Today's Topics:
- Re: Expungement fees (Ray Jones)
- IMLA January Webinars (Caroline Storer)
Message: 1
Date: Tue, 3 Jan 2023 18:21:13 +0000
From: Ray Jones < jones@lytlesoule.commailto:jones@lytlesoule.com>
Subject: [Oama] Re: Expungement fees
To: " rayvincent@coxinet.netmailto:rayvincent@coxinet.net" < rayvincent@coxinet.netmailto:rayvincent@coxinet.net>, OAMA
< oama@lists.imla.orgmailto:oama@lists.imla.org>
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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.netmailto:rayvincent@coxinet.net < rayvincent@coxinet.netmailto:rayvincent@coxinet.net>
Sent: Monday, January 2, 2023 12:53 PM
To: OAMA < oama@lists.imla.orgmailto: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.