Date: 07-26-2024

Case Style:

Andrew Dale Brassfield v. State of Oklahoma

Case Number: CV-2020-231

Judge: Lara M. Russell

Court: District Court, Rogers County, Oklahoma

Plaintiff's Attorney:

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Defendant's Attorney: Rogers County District Attorney's Office

Description:

Claremore, OKlahoma civil rights lawyers represented the Plaintiff seeking expungement of his criminal records.

Appellant Andrew Dale Brassfield (Brassfield) appeals the denial of his petition for expungement of his criminal records. The district court held that, Brassfield was not entitled to relief because criminal charges were "pending" against Brassfield within the meaning of the Expungement of Criminal Records statute, 22 O.S. Supp. 2022, § 18(A) (hereinafter Section 18(A)). We reverse the district court’s judgment, holding that the district court’s decision is contrary to the plain language of Section 18(A). An ongoing investigation into potential criminal charges is not a pending charge under Section 18(A), and the prosecuting agency in this case cannot refile the criminal charge at issue against Appellant because the State of Oklahoma lacks jurisdiction. Appellant qualified to seek expungement.

Outcome: Reversed.

Plaintiff's Experts:

Defendant's Experts:

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