Are Arrest Records Public in Oklahoma?
According to Oklahoma's public record law, arrest records are considered public information and may be released to anyone upon request. However, there are certain exceptions to this rule. For example, if the court seals the arrest record, it cannot be released to the public. Additionally, if the individual has been acquitted of the charges or if the charges have been dismissed, the arrest record may also be sealed. Notwithstanding, Oklahoma law allows any person who is the subject of criminal history record information (CHRI) to request such records.
What is Considered an Arrest Record in Oklahoma?
Arrest records are legal documents that detail the arrests of individuals suspected of committing a crime. In Oklahoma, local law enforcement agencies generate and maintain arrest records, such as police departments and sheriff's offices. These records are also collated by the Oklahoma State Bureau of Investigation (OSBI) and held in a statewide database.
These records are essential because they provide valuable information about an individual's criminal history. However, they are not to be used as an alternative for Oklahoma criminal records since arrests are not proof of the individual's involvement in the alleged crime. Notwithstanding, this information can be used to evaluate the criminal inclination of an individual. Specifically, they may be used by employers, landlords, and others to make decisions about whether or not to do business with an individual.
What is Contained in an Oklahoma Arrest Record?
In Oklahoma, arrest records typically contain the following information:
- The name, age, and address of the person arrested
- The offense for which the person was arrested
- The arresting agency
- The booking date and time
- The release date and time (if applicable)
- A mugshot
- Bail information (if applicable)
Who Can Access Oklahoma Arrest Records?
Oklahoma arrest records are public information. This means that anyone can request and view these records. There are a few exceptions, however. For example, if the arrest record is sealed or expunged, then it will not be available to the public. Additionally, some sensitive information may be redacted from the record, such as the names of minors.
The following persons/institutions may access arrest records with minimal restrictions:
- The subject of the arrest record
- Law enforcement agencies
- Courts and prosecutors
- Employers (with the subject's consent)
- Licensing boards (with the subject's consent)
- Armed forces (with the subject's consent)
Other persons/institutions that may access limited arrest-record information include:
- Attorneys
- Credentialing organizations
- Media organizations
- Private citizens
Oklahoma Arrest Statistics
The Oklahoma State Bureau of Investigation (OSBI) provides arrest statistics about crimes committed in the state. The OSBI’s State Incident-Based Reporting System (SIBRS) revealed that there were 246,310 arrests recorded in 2021. About 62,013 of the crimes committed by the offenders were against persons. About 151,583 arrests were for crimes against property, and 32,714 were crimes against society. Specifically, below are the statistics of some offenses for which people were arrested in 2021:
- Aggravated assault - 3,833
- Simple assault - 8,591
- Intimidation - 804
- Fraud - 993
- DUI - 10,412
- Drunkenness - 9,211
- Disorderly Conduct - 2,507
- Burglary/Breaking & Entering - 2,719
- Motor Vehicle Theft - 1,760
- Stolen Property Offenses - 2,354
- Larceny - 7,136
- Trespass of Real Property - 5,032
- Liquor Law Violations - 1,992
- Weapon Law Violations - 4,361
- All Other Offenses - 13,
- Drug/Narcotic Violations - 15,716
- Drug Equipment Violations - 8,200
- Destruction/Damage/Vandalism of Property - 2,394
Obtaining Oklahoma Public Arrest Records
An Oklahoma arrest search allows individuals to submit queries to obtain information about people arrested by law enforcement officers. This search can be done online or in person at the jail where the arrested person is housed. An arrest search helps to enhance public safety. Per Oklahoma Open Records Act (51 OK Stat § 51-24A.1-28), some circumstances may make arrest information restricted from public disclosure. For example, arrest records of ongoing investigations and records involving juvenile and domestic abuse crimes are confidential.
How Do I Lookup Someone's Arrest Records in Oklahoma?
Interested members of the public may gain access to Oklahoma arrest records in the following ways:
The Oklahoma State Bureau of Investigation (OSBI) is responsible for maintaining the statewide criminal history database, and they offer an online searchable database that anyone can use.
However, this database only includes information on arrests made by state or local law enforcement agencies; if the federal government arrested someone, their records would not be included.
To access the OSBI database, the requesting party will need to create an account and pay a small fee. Once they've done so, they can search for arrests by name, date of birth, or other identifying information.
Alternatively, requestors may access arrest records by contacting the county sheriff's office in the county where the arrest occurred. Each county has its policies and procedures for handling public record requests, so it's essential to check with them in advance to find out what information is available and how to request it.
Oklahoma courts also maintain records of all criminal proceedings within their jurisdiction, so arrest records may also be available through the court system. Again, each court has its policies and procedures for handling public records requests, so requestors are advised to contact the relevant court before making the query.
How to Subpoena Arrest Records in Oklahoma
A subpoena is a legal document that orders a person or organization to provide documents or other records. In the context of arrest records, a subpoena may be issued to obtain an individual's criminal history.
An Oklahoma arrest record is subpoenaed when an individual's criminal history is relevant to a case. The Oklahoma State Bureau of Investigation (OSBI) maintains all arrest records for the state and makes them available to the public. Arrest records can be subpoenaed by anyone with a valid reason for doing so.
To subpoena an arrest record from the OSBI, the requestor must first submit a written request to the agency. The request must include the name of the individual whose record is being requested and the case number or other reference associated with the legal matter. The requestor will also need to include a self-addressed, stamped envelope so that the OSBI can mail them the records once they have been located.
There is no fee to subpoena an arrest record from the OSBI. However, the requestor may be required to pay a fee if they request records from another agency, such as the Oklahoma Department of Corrections.
Once they have received the records, they will need to present them to the court as evidence.
Requestors can obtain a subpoena by visiting the Oklahoma State Courts Network (OSCN). OSCN is an administrative office that is part of the Oklahoma Supreme Court, and its goal is to simplify legal matters. To subpoena Oklahoma arrest records, visit the network's website and download an OCSN Subpoena Request Form. The requesting party can then fill out this form with the relevant information and send it to OSCN by email, fax, or mail.
How to Search for an Inmate in the Oklahoma Prison System
Interested persons may search for an inmate in the Oklahoma prison system using the Oklahoma Department of Corrections offender search database. The database is updated regularly, and searching by name or DOC number is the best way to locate an inmate. Persons unsure of an inmate's name or DOC number may use other search query options, such as gender, race, and age. The ODOC website also offers a searchable database of prison facilities in Oklahoma.
Alternatively, interested persons may contact the Oklahoma Department of Corrections at (405) 425-2570 to inquire about an inmate.
How to Find Recent Arrests in Oklahoma
Law enforcement agencies provide online portals and inmate lists where individuals can find recent arrests in Oklahoma. For Example, the Oklahoma County Detention Center has an Inmate Search tool that can be used to retrieve information on current arrests. The search criteria are by first name or last name. A list of inmates with the name search will show on the screen. Requesters can click the “View More” option beside each name to find arrest information of specific inmates.
Similarly, requesters can find recent arrest information on the Tulsa County Sheriff’s Office website. Click on the Divisions menu at the top bar of the homepage and select Detention from the dropdown. Scroll down and click on the Search by Name link to conduct a search. Type the arrestee’s first and last name in the search fields. A list of every arrestee with the searched name will appear. Click on the “Details” link at the sidebar to view specific arrest information about a person. Alternatively, requesters can the Booking ID List to view the list of all persons recently arrested in Tulsa County.
How Long Do Oklahoma Arrest Records Stay on File?
An Oklahoma Arrest Record is not expunged with anything short of a pardon or court-ordered expungement or sealing. Arrests are kept on file for varying periods depending upon the crime in question; some crimes will show up on background checks forever. Arrests for minor crimes such as speeding tickets will not appear on background checks. Arrest records for major crimes such as sexual offenses and other violent crimes, punishable by more than one year in prison, usually remain on file forever. Arrest records that remain on file forever include:
- Any crime committed with a firearm.
- Drug possession.
- Child abuse.
- Child neglect.
- Driving under the influence, including driving under the influence of drugs.
- Sexual offenses against a child seven years old or younger.
- Exploiting children over the internet.
- Any offense involving domestic violence.
Arrest records that stay on file for ten to fifteen years include theft, robbery, kidnapping, prostitution, and indecent exposure.
Arrests that generally remain on file for five to ten years include aggravated assault, drug trafficking, and unauthorized use of a motor vehicle. Arrests for minor misdemeanors such as trespassing, disorderly conduct, or DUI generally remain on file for one year. Arrest records eligible for expungement stay typically on file for three to four years, but it is possible to extend them back to the original time frame.
Are Arrest Reports Public in Oklahoma?
An arrest report is an official document that details the arrest information of an individual. An arrest report provides information about the time and place of arrest, personal description of the arrestee, and the nature of the arrest. Arrest reports are essential for identifying criminals, investigative purposes, and court preparation. Generally, arrest reports are restricted. Conversely, arrest records are public information. An arrest record is a legal document that provides information about a person taken into custody to be held to answer for a public offense.
How to Obtain Arrest Records for Free in Oklahoma?
Interested persons may obtain arrest records for free in Oklahoma by visiting the office of the sheriff in the county where the arrest was made. However, while the requestor may be able to obtain the information at no cost, they will likely be required to pay a fee to cover the cost of the copies of the records if they are required.
The Oklahoma State Bureau of Investigation (OSBI) also keeps a central repository of all criminal history information for the state. This includes arrest records. Interested persons may request arrest records from the OSBI by mail, fax, or in person. To do so, they will need to fill out and submit a Criminal History Record Request form. While there is no fee for requesting arrest records from the OSBI, there may be a charge for copying and mailing the records.
How to Search for an Oklahoma Arrest Record Online Using a Third-Party Search Service
Third-party search services are a great way to access Oklahoma arrest records online. These services provide instant access to a wealth of public record information, including arrest records.
To use a third-party search service, interested persons can enter the name of the person you are searching for into the search engine. The results will display a list of matching records and some basic information about each one.
Most third-party search services offer a free trial period, so requestors can try them out before committing to a paid subscription.
How to Correct an Arrest Record in Oklahoma
Record-holders may correct mistakes on their arrest records by petitioning the court that issued the arrest warrant. The court will review the petition and may order the changes to be made if it finds that there was indeed a mistake on the record. In some cases, the court may even expunge (remove) the entire record if it is determined that there was no probable cause for the arrest in the first place.
To request information on an arrest record to be changed in Oklahoma, the requestor can contact the Bureau of Criminal Identification and Investigation or the arresting agency. However, if the arrest occurred in a different state, they would need to contact that state's bureau or agency.
How to Expunge Arrest Records in Oklahoma
Interested and eligible persons may file an application for expungement with the Oklahoma State Bureau of Investigation (OSBI). To be eligible to have a record expunged in Oklahoma, the requestor must have completed all requirements of their sentence, including any probationary period, and not have had any arrests for (5) years from the date of their last conviction.
The OSBI will review the request and determine if the person is eligible for record expungement. If approved, the OSBI will send a certified letter to the court notifying them of the decision to expunge the records. The court will then forward the order to expunge to all agencies with custody of the records.
To have an arrest record sealed or expunged in Oklahoma, the requesting party will need to apply with the Oklahoma State Bureau of Investigation (OSBI). The completed form, along with the required filing fee of $150.00, must be submitted to:
Oklahoma State Bureau of Investigation
6500 N Harvey Ave
Oklahoma City, OK 73116-7909
