D. A. v. STATE ex rel. OKLAHOMA STATE BUREAU OF INVESTIGATION

2018 OK 102, 433 P.3d 727
CourtSupreme Court of Oklahoma
DecidedDecember 18, 2018
Docket116,434
StatusPublished
Cited by7 cases

This text of 2018 OK 102 (D. A. v. STATE ex rel. OKLAHOMA STATE BUREAU OF INVESTIGATION) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
D. A. v. STATE ex rel. OKLAHOMA STATE BUREAU OF INVESTIGATION, 2018 OK 102, 433 P.3d 727 (Okla. 2018).

Opinions

KAUGER, J.:

¶1 We retained this cause to address the dispositive issue of whether a drug court's dismissal of charges upon the successful completion of the drug court program is statutorily exempt from expungement. We hold that a drug court's dismissal following successful conclusion of the drug court program is not excluded from expungement under 22 O.S. Supp. 2016 § 181 and may be expunged immediately, *729after successful completion of the program and the charges have been dismissed.

FACTS

¶2 In August of 2008, the Purcell Police Department arrested the petitioner/appellee, D. A. (D.A./petitioner) for Larceny of CDS (a controlled dangerous substance), unlawful possession of CDS and obtaining CDS by forgery/fraud. The State charged her with three felonies in McClain County District Court. Upon the State's request, the trial court dismissed the larceny and obtaining CDS by forgery/fraud on July 14, 2009. Subsequently, the court entered a five year deferred sentence for the remaining count of possession of CDS against the petitioner.

¶3 In October of 2010, the McClain County Sheriff arrested D.A. for two counts of obtaining (or attempted) CDS by forgery/fraud. A plea deal provided that, upon successful completion of drug court, the latest two counts would be dismissed. However, if she did not successfully complete drug court, then she would receive fifteen years with the Department of Corrections. On October 3, 2013, D.A. was accepted into a drug court in McClain County.

¶4 After successful completion of drug court, the court dismissed D.A.' two nonviolent felony counts on May 5, 2015. On July 18, 2017, she filed a petition for expungement of both of her arrests, charges, and court dispositions pursuant to 22 O.S. Supp 2016 § 18(7) which provides that a person is authorized to file for expungement if:

A. Persons authorized to file a motion for expungement, as provided herein, must be within one of the following categories: ...
(7) The person was charged with one or more misdemeanor or felony crimes, all charges have been dismissed, the person has never been convicted of a felony, no misdemeanor or felony charges are pending against the person, and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled; provided, however, this category shall not apply to charges that have been dismissed following the completion of a deferred judgment or delayed sentence; (Emphasis supplied.)

¶5 On August 14, 2017, the Oklahoma State Bureau of Investigation (OSBI) filed an entry of appearance and objection to the petition to expunge the petitioner's record. The OSBI argued that D.A. did not qualify for expungement because her plea deal, participation in the drug court program, and subsequent dismissal constituted a "completion of a deferred judgment or delayed sentence" pursuant to 22 O.S. Supp. 2016 §§ 18(7) and 18(9).2 Additionally, pursuant to § 18(9), the applicant must wait five years to pass since nonviolent felony charges are dismissed to qualify for expungement. Thus, the petitioner would not qualify for expungement until May of 2020.

¶6 The trial court held a hearing on September 13, 2017, and entered a summary order the same day denying the OSBI's objection and granting the petition for expungement. The court determined that a dismissal after the successful completion of drug court is not the same as a "dismissal following the completion of a deferred judgment or delayed sentence" within the meaning *730of 22 O.S. Supp. 2016 § 18,3 thus the Drug Court dismissal was not excluded from eligibility for expungement. Because 22 O.S. Supp. 2016 § 194 operates in tandem with § 18, the trial court also included instructions that the record be sealed pursuant to § 19. On October 11, 2017, the OSBI appealed. We retained the cause on October 18, 2017, and it was assigned on August 14, 2018, after the briefing cycle was completed.

A DRUG COURT'S DISMISSAL FOLLOWING SUCCESSFUL COMPLETION OF THE DRUG PROGRAM IS NOT EXCLUDED FROM EXPUNGEMENT UNDER 22 O.S. Supp. 2016 § 18, AND MAY BE EXPUNGED IMMEDIATELY.

¶7 The OSBI argues that, insofar as the expungement statute, 22 O.S. Supp. 2016 § 18,5 is concerned, any dismissal following the completion of a deferred judgment or delayed sentence is expressly excluded from expungement, unless the charge was a nonviolent felony offense and five (5) years have passed since the dismissal. D.A. argues that the term "completion of a deferred judgment or delayed sentence" as used in the statute does not apply to the drug court process because it was not her sentence which was deferred but, rather, in lieu of incarceration, she committed to the drug court program and successfully completed it. We agree.

¶8 The Oklahoma Drug Court Act was established by the Legislature in 1997.6 Drug and mental health courts formally and explicitly establish highly structured judicial intervention processes for treatment of eligible offenders.7 While these programs are based in the district courts, the drug court holds regular hearings to review progress, relapses and restarts.8 A drug court judge has to *731recognize relapses and restarts as part of the rehabilitation process, and monitor and hold offenders accountable by ordering progressively increasing sanctions (or providing incentives), rather than removing an offender from the program when the relapse occurs. Although there may be circumstances where an offender's conduct warrants expulsion from the program.9

¶9 Any criminal case which has been filed and processed in the traditional manner is cross-referenced to a drug court case file by the court clerk if the case is subsequently assigned to the drug court program. While in the program, the originating criminal case file remains open for public inspection, but the drug court case file is closed for public inspection.10 The eligibility form for the program requires an explanation of the participant's criminal record retention and disposition following successful completion of the program.11

¶10 We recognize that diversionary programs, such as drug court and mental health court, have been compared to the situation wherein a defendant's sentence is deferred pending the successful completion of certain terms of probation.12 While they may be comparable, *732they are not identical. Drug courts are an anomaly, and different from the general district court. Drug court programs require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial systems. The drug court statutes expressly recognize the distinction from the "traditional" criminal prosecution.13 Eligible offences are restricted by the rules of the specific drug court program.14

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Bluebook (online)
2018 OK 102, 433 P.3d 727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/d-a-v-state-ex-rel-oklahoma-state-bureau-of-investigation-okla-2018.