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Oklahoma Association of Municipal Attorneys

EXPUNGEMENT QUESTION

Jon Miller

Tue, Jun 16, 2020 7:14 PM

Counselors:

An expungement proceeding was filed seeking expungement of a municipal charge. The proceeding was filed in district court. I was named as a party to the expungement proceeding. I have reason to believe that I was named for purposes of harassment (I was not helpful when the filing attorney's secretary contacted me, told me that she was drafting a petition for "her lawyer," and sought my input on how to draft an expungement petition). However, before I raise this as an issue, I would appreciate knowing whether anyone has addressed the issue of who should be the named parties in an expungement proceeding, or have any court cases (published or unpublished) addressing who should be the named parties. I am familiar with Local Rule 41 in Oklahoma County stating that the court clerk should not be a named party. I have never been named as a party in an expungement proceeding.

Thanks in advance.

Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Rd. N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155

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Counselors: An expungement proceeding was filed seeking expungement of a municipal charge. The proceeding was filed in district court. I was named as a party to the expungement proceeding. I have reason to believe that I was named for purposes of harassment (I was not helpful when the filing attorney's secretary contacted me, told me that she was drafting a petition for "her lawyer," and sought my input on how to draft an expungement petition). However, before I raise this as an issue, I would appreciate knowing whether anyone has addressed the issue of who should be the named parties in an expungement proceeding, or have any court cases (published or unpublished) addressing who should be the named parties. I am familiar with Local Rule 41 in Oklahoma County stating that the court clerk should not be a named party. I have never been named as a party in an expungement proceeding. Thanks in advance. Jonathan E. Miller City Attorney City of Mustang 1885 Piedmont Rd. N., Suite B P.O. Box 546 Piedmont, Oklahoma 73078 Telephone: (405) 883-6266 Facsimile: (405) 883-6155 ********************************************************************************************* 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.

Kristina Bell

Tue, Jun 16, 2020 7:41 PM

For expungement of a Municipal Court case, the parties are typically the Petitioner (criminal Defendant in underlying Municipal case), the City (the prosecuting agency as well as usually the arresting agency and also on behalf of the Municipal Court/Court Clerk), and the OSBI.

In other words, it should be "Petitioner vs. City of Mustang and OSBI." Some Petitioners may separately list City of Mustang, Mustang Municipal Court, Mustang Police Department, Mustang City Attorney, etc., but really it is all the same, falling under the umbrella of the City. The "prosecuting agency" is still the City itself, regardless of whether the actual prosecutor is an in-house City Attorney or contracted out as an agent of the City.

Kristina L. Bell
Assistant City Attorney
City of Norman
201 West Gray
P.O. Box 370
Norman, OK 73070
Telephone: (405) 217-7700
Facsimile: (405) 366-5425
Email: Kristina.Bell@NormanOK.gov mailto:Kristina.Bell@NormanOK.gov

This email message, including any attachment(s) is for the sole use of the intended recipient(s) and may contain confidential information. Any unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by email.

From: Oama oama-bounces@lists.imla.org On Behalf Of Jon Miller
Sent: Tuesday, June 16, 2020 2:14 PM
To: oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] EXPUNGEMENT QUESTION

Counselors:

Thanks in advance.

Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Rd. N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155

22 O.S. § 19(B) provides that at least 30 days notice of hearing shall be provided to "the prosecuting agency, the arresting agency, the Oklahoma State Bureau of Investigation, and any other person or agency whom the court has reason to believe may have relevant information related to the sealing of such record." For expungement of a Municipal Court case, the parties are typically the Petitioner (criminal Defendant in underlying Municipal case), the City (the prosecuting agency as well as usually the arresting agency and also on behalf of the Municipal Court/Court Clerk), and the OSBI. In other words, it should be "Petitioner vs. City of Mustang and OSBI." Some Petitioners may separately list City of Mustang, Mustang Municipal Court, Mustang Police Department, Mustang City Attorney, etc., but really it is all the same, falling under the umbrella of the City. The "prosecuting agency" is still the City itself, regardless of whether the actual prosecutor is an in-house City Attorney or contracted out as an agent of the City. Kristina L. Bell Assistant City Attorney City of Norman 201 West Gray P.O. Box 370 Norman, OK 73070 Telephone: (405) 217-7700 Facsimile: (405) 366-5425 Email: Kristina.Bell@NormanOK.gov<mailto:Kristina.Bell@NormanOK.gov> ________________________________ This email message, including any attachment(s) is for the sole use of the intended recipient(s) and may contain confidential information. Any unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by email. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Jon Miller Sent: Tuesday, June 16, 2020 2:14 PM To: oama@lists.imla.org Subject: EXTERNAL EMAIL : [Oama] EXPUNGEMENT QUESTION Counselors: An expungement proceeding was filed seeking expungement of a municipal charge. The proceeding was filed in district court. I was named as a party to the expungement proceeding. I have reason to believe that I was named for purposes of harassment (I was not helpful when the filing attorney's secretary contacted me, told me that she was drafting a petition for "her lawyer," and sought my input on how to draft an expungement petition). However, before I raise this as an issue, I would appreciate knowing whether anyone has addressed the issue of who should be the named parties in an expungement proceeding, or have any court cases (published or unpublished) addressing who should be the named parties. I am familiar with Local Rule 41 in Oklahoma County stating that the court clerk should not be a named party. I have never been named as a party in an expungement proceeding. Thanks in advance. Jonathan E. Miller City Attorney City of Mustang 1885 Piedmont Rd. N., Suite B P.O. Box 546 Piedmont, Oklahoma 73078 Telephone: (405) 883-6266 Facsimile: (405) 883-6155 ********************************************************************************************* 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.