Sonja R. Porter Attorney At Law

VPO’s

Those who have had Victim’s Protection Orders (VPO) issued against them may be entitled to clear it from their record if they meet one of the following categories:

1. An ex parte order was issued to the plaintiff but later terminated due to either

a. the petition was dismissed before the full hearing

b. the petition was denied upon having/after a full hearing,

c. the plaintiff failed to appear for full hearing,

AND at least ninety (90) days have passed since the date set for full hearing;

2. The plaintiff filed an application for a victim protective order and failed to appear for the full hearing and at least ninety (90) days have passed since the date last set by the court for the full hearing, including the last date set for any continuance, postponement or rescheduling of the hearing;

3. The VPO has been “vacated” and  (3) years have passed since the order to vacate was entered

4.The plaintiff or defendant is deceased.

 

It is important to know:

1. “Expungement” means the sealing of victim protective order (VPO) court records from public inspection, but not from law enforcement agencies, the court or the district attorney;

2. “Plaintiff” means the person or persons who sought the original victim protective order (VPO) for cause; and

3. “Defendant” means the person or persons to whom the victim protective order (VPO) was directed.

4. When an application to expunge is filed: The other party to the protective order shall be mailed a copy of the petition by certified mail within ten (10) days of filing the petition and they will have an opportunity to file a written objection.

5. Upon the entry of an order to expunge and seal from public inspection a victim protective order (VPO) court record, or any part thereof, the subject official actions shall be deemed never to have occurred, and the persons in interest and the public may properly reply, upon any inquiry in the matter, that no such action ever occurred and that no such record exists with respect to the persons.

 

YOUR RIGHTS WHEN A CASE IS FULLY EXPUNGED UNDER 22 OS §19 or §60.18

When Inspection of the court records is permitted:

– may be permitted only upon petition by the persons who are the subjects of the records,

– by the district attorney or a law enforcement agency in the due course of investigation of a crime

You can answer that no such action occurred, even on job applications. (See, 22 O.S. §19(F))

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=70214

Employers, educational institutions, state and local government agencies, officials, and employees shall not require, in any application or interview or otherwise, an applicant to disclose any information contained in sealed protective order court records.

An applicant need not, in answer to any question concerning the records, provide information that has been sealed, including any reference to or information concerning the sealed information and may state that no such action has ever occurred.

The application may not be denied solely because of the refusal of the applicant to disclose protective order court records information that has been sealed.