Empathy List Archives

JM

Jon Miller

Wed, May 6, 2020 3:06 PM

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.

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.

RT

Robert Thompson

Wed, May 6, 2020 3:22 PM

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.

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.

B

burlielaw@cableone.net

Wed, May 6, 2020 3:29 PM

Jon:

He may very well qualify now if he gets rid of the prior felony by
expungement. OSBI will usually object if they do not qualify. You may
wish to discuss with them as well. See if any paragraphs apply in 22 O.S.
Section 18. See below.

https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=440214

Todd R. Burlie

1914 Lake Road

P.O. Box 1897

Ponca City, OK 74602

580-762-4800

580-762-4181 fax

mailto:burlielaw@cableone.net burlielaw@cableone.net

From: Oama oama-bounces@lists.imla.org On Behalf Of Jon Miller
Sent: Wednesday, May 6, 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.

Jon: He may very well qualify now if he gets rid of the prior felony by expungement. OSBI will usually object if they do not qualify. You may wish to discuss with them as well. See if any paragraphs apply in 22 O.S. Section 18. See below. https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=440214 Todd R. Burlie 1914 Lake Road P.O. Box 1897 Ponca City, OK 74602 580-762-4800 580-762-4181 fax <mailto:burlielaw@cableone.net> burlielaw@cableone.net From: Oama <oama-bounces@lists.imla.org> On Behalf Of Jon Miller Sent: Wednesday, May 6, 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.

MA

Mark Antinoro

Wed, May 6, 2020 3:43 PM

Generally speaking the two primary issues with expungements assuming certain
eligibility requirements are met, is time and whether a DA's office or OSBI
objects. Time can allow a record that previously was not eligible for
expungement to be eligible, thus where an expungement may initially be
denied the subsequent petition is successful (maybe the DA's office is no
longer objecting or enough time has gone by). Sometimes a chain reaction
can occur where an earlier case is expunged and it allows a subsequent case
to also be expunged because the first case was preventing the second one
from being expunged, it sounds like that is what you are dealing with here.
Since the appeal would reference the underlying charge having the
expungement without the removal of the appellate record would defeat the
purpose.

Antinoro Law Firm, PLC
P.O. Box 932
25 North Vann Street
Pryor, OK 74362
tel:918%2F825-3700 918/825-3700 - telephone
tel:918%2F825-3774 918/825-3774 - facsimile

The information contained in this electronic mail transmission (including
any accompanying attachments) is intended solely for its authorized
recipient(s), and may be confidential and/or legally privileged. If you are
not an intended recipient, or responsible for delivering some or all of this
transmission to an intended recipient, you have received this transmission
in error and are hereby notified that you are strictly prohibited from
reading, copying, printing, distributing or disclosing any of the
information contained in it. In that event, please contact Mark Antinoro
immediately by telephone tel:%28918%29%20825-3700 (918) 825-3700 or by
electronic mail to the
address of this message and delete the original and all copies of this
transmission (including any attachments) without reading or saving in any
manner. Thank you.

From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Robert Thompson
Sent: Wednesday, May 6, 2020 10:22 AM
To: Jon Miller jonmiller@jem-pc.com; 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

mailto:rthompson@cheekfalcone.com 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/
http://www.cheekfalcone.com/

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org

On Behalf Of Jon Miller

Sent: Wednesday, May 06, 2020 10:06 AM
To: oama@lists.imla.org mailto: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.

Generally speaking the two primary issues with expungements assuming certain eligibility requirements are met, is time and whether a DA's office or OSBI objects. Time can allow a record that previously was not eligible for expungement to be eligible, thus where an expungement may initially be denied the subsequent petition is successful (maybe the DA's office is no longer objecting or enough time has gone by). Sometimes a chain reaction can occur where an earlier case is expunged and it allows a subsequent case to also be expunged because the first case was preventing the second one from being expunged, it sounds like that is what you are dealing with here. Since the appeal would reference the underlying charge having the expungement without the removal of the appellate record would defeat the purpose. Antinoro Law Firm, PLC P.O. Box 932 25 North Vann Street Pryor, OK 74362 <tel:918%2F825-3700> 918/825-3700 - telephone <tel:918%2F825-3774> 918/825-3774 - facsimile The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact Mark Antinoro immediately by telephone <tel:%28918%29%20825-3700> (918) 825-3700 or by electronic mail to the address of this message and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you. From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Robert Thompson Sent: Wednesday, May 6, 2020 10:22 AM To: Jon Miller <jonmiller@jem-pc.com>; 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 <mailto:rthompson@cheekfalcone.com> 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/> http://www.cheekfalcone.com/ From: Oama <oama-bounces@lists.imla.org <mailto:oama-bounces@lists.imla.org> > On Behalf Of Jon Miller Sent: Wednesday, May 06, 2020 10:06 AM To: oama@lists.imla.org <mailto: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.

MR

Michael R. Vanderburg

Wed, May 6, 2020 3:59 PM

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 for Windows 10

From: Robert Thompson
Sent: Wednesday, May 6, 2020 10:22 AM
To: Jon Miller; 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

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.

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 for Windows 10 From: Robert Thompson Sent: Wednesday, May 6, 2020 10:22 AM To: Jon Miller; 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 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.