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In Re: Petition for Expungement, Jimmy Real Harmon v. State ex rel. Department of Public Safety,
No. 103,326 (Okl.App., Division II, July 11, 2007) (unpublished): Expungement: This is a nice pro se victory over the Evil Empire on an expungement petition. Harmon was convicted of DUI and leaving the scene of an accident in Muskogee County back in 1994. He plead guilty in Porum municipal court to an amended charge of Reckless Driving and Leaving the Scene. He stayed out of trouble since then and, ten years later, he petitioned for expungement. DPS objected. The district court granted the petition and the appellate panel affirmed in this opinion. Good discussion of this issue and the way DPS treats driving records.
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Matter of the Expungement of the Record of Buechler,
2008 OK CIV APP 1 (Okl.Civ.App., Div. III, January 11, 2008): Expungement: This case deals with the question of whether a person who has been denied an expungement can allege new facts and petition again. The Court answered "yes" under the facts of the case in which Buechler alleged in his first petition that the dismissal of the charges against him within a year would affect his job prospects (the district court denied this petition); but in the second petition he gave examples of how his arrest record has hindered his employment prospects and also affected his ability to purchase firearms. The district court had dismissed this second petition on the basis of res judicata, but the Court of Appeals reversed. NOTE: This opinion distinguished the opinion of the Court of Criminal Appeals in Knight v. State, 2002 OK CR 19.
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