View Full Version : Legal Question: Can Traffic Court Filings Be Expunged Later?



BBatesokc
04-17-2014, 12:49 PM
I recently noticed a County is now not arresting male prostitution offenders and is simply issuing them a ticket. The ticket appears on OSCN and is given a 'TR' designation and a charge of prostitution.

My usual couple of goto people for legal questions are out of pocket.

Question: Can a 'TR' filing be expunged in the same way a CM or CF filing eventually (usually) can? I was thinking something in the law made this difficult or impossible, but can't recall for certain.

Figured one of the legal eagles here might know.

Midtowner
04-17-2014, 12:51 PM
Never tried to expunge a TR record. I have a 1997 one of my own that I might give a shot. I can let you know how that goes.

Jeepnokc
04-17-2014, 01:50 PM
Should be able to. Here is the statute:

OSCN Found Document:Expungement of Criminal Records (http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=440214)

A traffic ticket is still considered a misdemeanor crime.

Midtowner
04-17-2014, 03:04 PM
Reading it, that was the language I was worried about.. is a conduct violation, a traffic ticket, really a misdemeanor. I don't see why not.

BBatesokc
04-17-2014, 03:31 PM
Reading it, that was the language I was worried about.. is a conduct violation, a traffic ticket, really a misdemeanor. I don't see why not.

That's my issue. I don't know if the court considers a TR offense technically a CM offense? I can't find any language that spells out if they are the same or different in the eyes of the law.

I also can't figure out why they did a TR designation when they are historically always a CM or CF. Unless it comes down to the arresting agency (Sheriff in this case - though other agencies were present - like the OBNDD).

kevinpate
04-17-2014, 07:20 PM
No clue why someone would elect to write it as a TR instead of a CM, unless it maybe flies under most radar easier. Not your radar BBates, but not everyone has your focus on this area and might not even be looking in that direction.

I agree with Jeepnokc and Midtowner that someone could still seek to expunge their record.

BBatesokc
04-18-2014, 04:59 AM
No clue why someone would elect to write it as a TR instead of a CM, unless it maybe flies under most radar easier. Not your radar BBates, but not everyone has your focus on this area and might not even be looking in that direction.

I agree with Jeepnokc and Midtowner that someone could still seek to expunge their record.

I haven't watched the county in question very closely (as in on a day-to-day basis) regarding such crimes. However, the ones I have covered (about 30), were all written as CM or CF crimes. We're talking about a dozen or so all written as TR crimes in a two day sting last month. Haven't found any notable names, but did see where one lawyer on the ball did file to have his client's scanned image of the ticket issued removed from OSCN because it contained 'personal information' (names, address, phone number, employer, DL#, etc.).

Only thing I can figure out is either they did want to keep this off the media's radar (media just reads PCA's, jail blotter and occasionally goes through the daily police reports) or they didn't want to fill up the local jail with these sorts of 'criminals.' A TR would fly under all those radars though.

Dennis Heaton
04-18-2014, 06:39 AM
Are those citations/tickets that are issued for prostitution also appearing on the OKC "Court Ticket Lookup?" ( City of Oklahoma City | Municipal Court (http://www.okc.gov/CourtsAdministration/TicketLookup/Forms/Disclaimer.aspx) )

BBatesokc
04-18-2014, 06:49 AM
Are those citations/tickets that are issued for prostitution also appearing on the OKC "Court Ticket Lookup?" ( City of Oklahoma City | Municipal Court (http://www.okc.gov/CourtsAdministration/TicketLookup/Forms/Disclaimer.aspx) )

its not in Oklahoma County and they are state charges.

kevinpate
04-18-2014, 06:50 AM
nm. Brian types faster than moi.