Oklahoma Arrest Records

According to crime data published by the Federal Bureau of Investigation (FBI), at least 75,000 arrests are made annually in Oklahoma. In most years, there are at least 12,000 arrests made for drug abuse violations and over 8,000 for simple assaults. Also, the average number of arrests made for driving under the influence each year is around 8,500, and about 3,400 aggravated assault arrests. Annual arrests made for burglary in Oklahoma hover between 2,000 and 2,300, while the number of arrests for all other offenses is mostly between 19,000 and 24,000.

According to reports, Oklahoma has one of the lowest arrest rates in the United States. At 1,979.87 arrests per 100,000 residents, the state's arrest rate is lower than the national average of 2,181.7 per 100,000 people. Compared to its six border states, Oklahoma has one of the lowest arrest rates among its neighbors, after Texas, with an arrest rate of 1,876.68 per 100,000 population. The arrest rates in Colorado, Kansas, Missouri, New Mexico, and Arkansas are all higher than Oklahoma's.

What Is an Arrest Under Oklahoma Law?

Oklahoma Statutes, Section 22-186 describes an arrest as taking an individual into custody so they may be questioned for an offense. It is an actual restraint of a suspect to the custody of the person making an arrest. Generally, arrests may be made by law enforcement officers, with or without warrants, or private individuals within the state. An arrest does not necessarily imply that a person is physically restrained, for instance, in handcuffs. Also, it does not necessarily mean taking a suspect to jail. An arrest is typically the exercise of authority of an arresting officer over someone suspected of having committed a crime.

Per Section 22-189 of Oklahoma Statutes, an arrest may only be made between 6:00 a.m. and 10:00 p.m. for misdemeanor offenses unless there is a warrant for such an arrest. On the other hand, anyone charged with a felony may be arrested on any day and at any time, day or night. Generally, a suspect may not be subjected to any more restraint that is necessary for their arrest or detention in Oklahoma. However, if a suspect forcibly resists an arrest or tries to escape after an officer has notified them of the intention to make an arrest, the officer may apply all necessary means to effect the arrest.

Type of Arrests in Oklahoma

In Oklahoma, an arrest is usually made under one of two circumstances. One is if there is a warrant for the arrest, and the other is if there is probable cause to make such an arrest. Under Oklahoma law, having probable cause means there is a reasonable level of suspicion backed by substantial evidence to prompt law enforcement to conclude that a person has committed a crime. Consequently, when there is probable cause for an arrest, an officer may place a suspect under arrest based on reasonable suspicion.

The following are the major types of arrests in Oklahoma:

Warrantless Arrests

A warrantless arrest generally does not require a warrant to effect an arrest. Warrantless arrests often happen on the spot, at crime scenes, or shortly after the crime is committed. Generally, a law enforcement officer in Oklahoma can make an arrest without a warrant for a public offense committed or attempted to be committed in their presence. Also, they can make a warrantless arrest for a felony offense that was not committed in the presence. Furthermore, in Oklahoma, a law enforcement officer may arrest an individual without a warrant if a felony has been committed and the officer has a reasonable cause to believe that the individual committed it.

As outlined in Section 22-196 of the Oklahoma Statutes, other circumstances under which warrantless arrests can be made in the state typically include the following:

• A law enforcement officer has probable cause to believe that someone was driving or in physical control of a vehicle involved in an accident within the state boundaries and was under the influence of a dangerous substance, including intoxicating liquor.
• A law enforcement officer has probable cause that an individual has threatened another person.
• A law enforcement officer has probable cause to believe that within the preceding 72 hours, an individual has committed a domestic abuse offense, even though the assault did not happen in the presence of the officer. However, before making an arrest under this circumstance, the officer must first observe a recent impairment of the victim's physical condition or any physical injury.

Oklahoma law generally allows a law enforcement officer to break open an inner or outer door or window of a house if a suspect refuses entry to the officer, even after announcing their role and purpose of making an arrest without a warrant. In addition, during warrantless arrest in Oklahoma, an officer may only search a suspect and the immediate surroundings from where they could destroy evidence or get control of a weapon.

Warrant Arrests

With a warrant arrest, a person is arrested on a warrant once formal charges have been filed against such an individual. In Oklahoma, an arrest warrant generally gives law enforcement the authority to arrest a person named on the document who is suspected of committing a crime. To obtain one, an officer must show that there is probable cause that the suspect has indeed committed the crime for which the warrant is being issued.

Any law enforcement serving an arrest warrant in Oklahoma must contact the issuing court to confirm the validity of the active warrant, whether or not they have a copy of the warrant. The arresting officer must adhere to all legal requirements in executing the warrant and ensure that the suspect named on it is the same person being arrested. Law enforcement officers may serve any arrest warrants in any county within the state. The only exceptions are those issued for city ordinance violations.

What Are Oklahoma Arrests Records?

Oklahoma arrest records are official records containing information about the details of arrests made on individuals within the state. Typically, when a person is arrested by law enforcement, they are incarcerated pending a court appearance. Afterward, they are either released on bail, found guilty, or released without charges. During this entire process, the law enforcement that made such an arrest documents every information obtained from the arrestee, which becomes part of the state's arrest records. Arrest records are usually a part of criminal records.

Any arrest record created in Oklahoma typically contains the following information:

• The name and age of the arrestee
• Arrestee's contact address
• Fingerprints and mugshots (photographs)
• The date, tile, and location of the arrest
• Details of the law enforcement agency that made the arrest
• The offense leading to the arrest, which may either be a misdemeanor, felony, or an infraction
• Booking information, including the name of the arresting officer, booking date and time, and objective incidents that led to the arrest
• The arrestee's physical descriptors, including their height, gender, eye color, race, weight, hair color, and tattoos
• Details of the arrest's outcome, including bail information, bail amount, outstanding parole/probation, and the manner of release
• Details of convictions, if any

The primary place to retrieve an Oklahoma arrest record locally is the county sheriff's office or police department that made such an arrest. Some local county clerks may also have records of arrests made within their jurisdictions.

Even though people use arrest records and criminal records interchangeably sometimes, they are not the same. While a criminal record typically details a collection of information about an individual's contact with the justice system and law enforcement, an arrest record primarily details a list of offenses for which a person is contacted by law enforcement and then arrested. An arrest record generally shows that law enforcement at a point in time suspected the person named on the record for a crime. It is not necessarily proof that the person committed that crime.

If charges are filed against an arrested person, the individual will become a defendant in a court case. These charges are typically recorded, and the defendant is expected to appear in court to enter a no-contest plea or a guilty plea, or they may go to trial. These details and the outcome of the trial will be recorded in the defendant's criminal record. If found guilty and convicted, the conviction status will also go on their criminal record.

How Can Arrest Records Be Accessed in Oklahoma?

Most Oklahoma arrest records are public records and may be accessed by interested members of the public. The state's Open Records Act gives the public the right to inspect or copy all records of public officials and public bodies, including arrest records created and maintained by local law enforcement agencies. However, certain arrest records are withheld from public disclosure and may only be accessed by authorized persons. They include arrest records for pending or ongoing criminal investigations, arrest reports in juvenile criminal cases, and sealed arrest records. Arrest records exempted from public disclosure in Oklahoma may be accessed by individuals such as law enforcement officers, attorneys, prosecutors, courts, and employers (with the consent of the record subject).

The following options are typically available to anyone interested in accessing publicly available Oklahoma arrest records:

Oklahoma State Bureau of Investigation

The Oklahoma State Bureau of Investigation (OSBI) maintains the Criminal History Information Request Portal (CHIRP), a designated depository for fingerprint-based criminal history information. The CHIRP generally holds fingerprint-based arrest information and/or conviction data for felonies and serious misdemeanors committed within the state's limits. Arrest record information obtained from the portal is provided solely based on name or description similarity with a requester's inquiry subject. Generally, the Criminal History Information Request Portal allows searches by name, gender, race, date of birth, aliases, and/or Social Security number (SSN). Users are required to register an account (for free) and pay $15 for every criminal history information search.

Alternatively, a requester may obtain an Oklahoma arrest record maintained by the OSBI by submitting a completed Criminal History Record Information Request Form in person or by mail to:

Oklahoma State Bureau of Investigation

6600 N. Harvey

Oklahoma City, OK 73116

The OSB does not maintain criminal history records for arrests with low-quality fingerprints, arrests without fingerprints, and unreported arrests.

Law Enforcement Agencies

The primary sources of arrest records in Oklahoma are the law enforcement agencies. Each county sheriff's office and local police department maintains records of arrests made by their officers and makes them available upon request. While methods of dissemination may vary by agency, requesters will largely be able to submit their requests in person, by mail, by phone, or online. Where a requester knows the law enforcement agency in the custody of an arrest record, it is best to contact them and inquire about their record request process.

Criminal Courts

The clerks of courts maintain records of all criminal cases heard by the courts. Hence, it is possible to access arrest information for all criminal records maintained by the clerks of courts by requesting such criminal records.

How Long Will an Arrest Report Stay on Your Oklahoma Records?

If not expunged, an Oklahoma arrest report may remain on a person's files or records for life. Even if a person was never charged after arrest, law enforcement will make note of that interaction in the person's file, and the arrest report may stay on the person's file for life unless expunged. The same applies if charges were filed but the individual was found not guilty or if the charges were dismissed. However, arrests for sexual offenses and violent crimes, especially those punishable by more than one year of jail time stay indefinitely on a person's file. Similarly, arrests due to child abuse, drug possession and abuse, domestic violence, and driving under the influence (DUI) remain for life on a person's record in the state.

Can You Expunge Your Arrest Records in Oklahoma?

Yes, Oklahoma law permits arrest records expungement. Expungement of arrest records is a process that allows a person to seal their arrest records. This prevents the public from gaining access to such records. In Oklahoma, a Section 18 expungement allows an individual to expunge their entire arrest record. Under this section, individuals who qualify to file a motion to expunge their arrest records typically include the following:

• A person charged with a nonviolent offense not included in Section 571 of Title 57 of the state's Statutes.
• An individual who has been acquitted.
• A person whose conviction was reversed with an order to dismiss by an appellate court of competent jurisdiction, and subsequently, the prosecuting agency dismissed the charge.
• An individual who was arrested and no charges were filed, including charges for other offenses different from the original offense for which the person was arrested.
• A person charged or arrested on an arrest warrant for a crime committed by another individual who has used the person's ID or name without their authorization or consent.
• A person who has received the Governor's full pardon for the crime for which they were sentenced.
• An individual younger than 18 years old when they committed the offense has received a full pardon for the crime.

In Oklahoma, a person may file one petition to expunge multiple arrests that occurred in the same county. However, where there are multiple arrests for different counties, the petitioner must file a separate request for each county where they have arrest records that need expungement.

An eligible person may file a petition to expunge their arrest records at the court clerk's office in the county where they were arrested or their charges were filed. After filing the request, the clerk will communicate the hearing date for the petition. However, the petitioner must serve the Oklahoma State Bureau of Investigation (OSBI), the agency that made the arrest for which an expungement is sought, and the prosecutor or district attorney (DA). Expunging arrest records on the OSBI's file costs a $150 processing fee, which may be paid by money orders or cashier's checks.

If the petitioner meets all the legal requirements for arrest records expungement, the judge will make a pronouncement to expunge such records. The judge will also grant the petition if they determine that the danger to the petitioner's privacy outweighs the public interest in making the records publicly available. Afterward, the judge will issue an order to expunge or remove such arrest records from public view. It is the petitioner's responsibility to make the certified copy of the court's final order available to each party served a copy of the expungement petition. The parties will then seal the records from their database, restricting public access to them.

Is Citizen's Arrest Legal in Oklahoma?

Yes, citizen's arrest is lawful in Oklahoma. A citizen's arrest generally occurs when a regular or private person arrests or details another person for crimes they witnessed or has probable cause to believe the person being arrested has committed a crime.

The state's Statutes, Section 22-202, allows a private person to arrest another individual for a public offense committed or an attempted one in their presence. In Oklahoma, a private individual may also make a citizen's arrest when someone has committed a felony, and the person has reasonable cause to believe that the individual being arrested is the one who committed the offense even if they did not witness the crime. However, after making a citizen's offense, the person who made the arrest must deliver the suspect to a law enforcement officer or take them to a magistrate without any delay.

Typically, before making a citizen's arrest in Oklahoma, the private person making the arrest must inform the person being arrested of the reason for arresting them. A private individual may break the window or door to make the arrest if the suspect committed a felony and the individual making the arrest has notified the suspect of their intention to arrest them but is refused entry into the house.

How to Look Up Arrest Warrants in Oklahoma

An arrest warrant authorizes a law enforcement officer to apprehend a person believed to have committed a public offense. In Oklahoma, an arrest warrant may be issued by a magistrate. However, it will not be issued until the issuing judicial officer has verified the authenticity of the law enforcement officer's complaint by oath or affirmation. A typical arrest warrant in Oklahoma must specify the defendant's name, the offense for which it was issued, the issuing date, and the town, city, or county of issue. Also, it must fix the amount of bail if the offense charged is bailable.

Arrest warrants issued in Oklahoma may be served in any county within the state. However, there is an exception. Warrants issued for city ordinances violations may only be served in the jurisdictions where they were issued. Arrest warrants in Oklahoma are public documents unless marked confidential or sealed and may be accessed by interested members of the public using any of the following means:

• Local Law Enforcement - In Oklahoma, arrest warrants may be accessed from the offices of local police departments and county sheriff's offices that obtained the warrants. Interested persons may search the departments or offices for arrest warrants in person, by mail, phone, or online. For instance, the Oklahoma County Sheriff's Office maintains a Warrant Search System that enables the public to search active warrants in their database.
• Court Clerks' Offices - Arrest warrants are issued by courts. As a result, copies of such warrants are typically maintained by the clerks of such courts. Anyone interested in looking up an arrest warrant information should contact the clerk of the issuing court in person or by phone.
• On-Demand Court Records - While it only covers some counties in Oklahoma, the on-demand court records (ODCR) system holds information about criminal information filed against offenders. Searching the system by a defendant's name will reveal if a warrant has been issued for the person's arrest.