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iH . 10 : Appel ww pig T COURT
OKLAHOMA COUNTY
TOCRIONR 7 5% IN THE DISTRICT COURT OF OKLAHOMA COUNTY
STATE OF OKLAHOMA APR 20 2021 ? Qrnce
JEFFERY BLAINE BURKE, RICK WARREN
124
)
)
Plaintiff, )
STATE OF OKLAHOMA, )
CV- 2021-929
PETITION FOR EXPUNGEMENT
Defendant.
COMES NOW Plaintiff, by and through his attorney of record, James J.
Pasquali, and for his Petition for Expungement, he respectfully presents to the
Court the following:
1. On or about May 5, 2007, the Oklahoma County District Attorney filed a
criminal information in case number CF-2007-3553, alleging your
Plaintiff did commit the following acts, to wit:
a) Count 1: Driving While Under the Influence in violation of Okla.
Stat. tit. 47, § 11-902(A)(2).
b) Count 2: Reckless Driving, in violation of Okla. Stat. tit. 47, § 11-
901.
2. On or about January 16, 2009, Plaintiff pled guilty to count one (1) and
received a five (5) year suspended with first 60 days to do; count two (2)
60 days to do, sentence therefor.3. Under Oklahoma law, Plaintiff is entitled to have this case and his arrest
record related thereto, expunged.
4. Okla. Stat. tit. 22, § 18(A)(12) provides, to wit: “[t]he person was
charged with a nonviolent felony offense not listed in [Okla. Stat. tit. 57,
§ 571, the person has not been convicted of any other felony or separate
misdemeanor in the last twelve (12) years, no felony or misdemeanor
charges are pending against the person and at least seven (7) years have
passed since the completion of the sentence for the felony conviction.”
Plaintiff respectfully shows as follows:
a. Plaintiff was charged with one (1) nonviolent felony crime!
not listed in Okla. Stat. tit. 47, § 11-902(A)(2),;
b. Plaintiff has not been convicted of any other felony or
separate misdemeanor in the last twelve (12) years;
c. No misdemeanor or felony charges are pending against
Plaintiff; and,
d. At least seven (7) years have passed since the completion of
Plaintiff's sentence for the misdemeanor conviction.
5. Jurisdiction and venue are proper in this Court pursuant to Okla. Stat.
tit. 22, § 19(A).
* For purposes of seeking an expungement under the provisions of paragraph 10, 11, 12
or 13 of Okla. Stat. tit. 22, § 18(A), offenses arising out of the same transaction or
occurrence shall be treated as one conviction and offense. Okla. Stat. tit. 22, § 18(C).
26. Upon a finding that the harm to privacy of the Plaintiff or dangers of
unwarranted adverse consequences outweigh the public interest in
retaining the records, the court should order such records, or any part
thereof except basic identification information, to be sealed. If the court
finds that neither sealing of the records nor maintaining of the records
unsealed by the agency would serve the ends of justice, the court should
enter an appropriate order limiting access to such records. Further, that
the court should order that the district court index reference of sealed
materials be destroyed, removed, or obliterated.
7. Further, that all arrest and criminal records information of Plaintiff,
except basic identifying information, should be sealed.
WHEREFORE, premises considered, Plaintiff prays for the requested relief
and for all such other relief as this Court deems just and proper.
Respectfully Submitte
es J. Pasquali, OBA # 18443
510 E. Memorial Rd., Ste. C-4
Oklahoma City, OK 73114
(405) 605-8380: Tel
(405) 605-8340: Fax
ATTORNEY FOR PLAINTIFF
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iH . 10 : Appel ww pig T COURT OKLAHOMA COUNTY TOCRIONR 7 5% IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA APR 20 2021 ? Qrnce JEFFERY BLAINE BURKE, RICK WARREN 124 ) ) Plaintiff, ) STATE OF OKLAHOMA, ) CV- 2021-929 PETITION FOR EXPUNGEMENT Defendant. COMES NOW Plaintiff, by and through his attorney of record, James J. Pasquali, and for his Petition for Expungement, he respectfully presents to the Court the following: 1. On or about May 5, 2007, the Oklahoma County District Attorney filed a criminal information in case number CF-2007-3553, alleging your Plaintiff did commit the following acts, to wit: a) Count 1: Driving While Under the Influence in violation of Okla. Stat. tit. 47, § 11-902(A)(2). b) Count 2: Reckless Driving, in violation of Okla. Stat. tit. 47, § 11- 901. 2. On or about January 16, 2009, Plaintiff pled guilty to count one (1) and received a five (5) year suspended with first 60 days to do; count two (2) 60 days to do, sentence therefor.3. Under Oklahoma law, Plaintiff is entitled to have this case and his arrest record related thereto, expunged. 4. Okla. Stat. tit. 22, § 18(A)(12) provides, to wit: “[t]he person was charged with a nonviolent felony offense not listed in [Okla. Stat. tit. 57, § 571, the person has not been convicted of any other felony or separate misdemeanor in the last twelve (12) years, no felony or misdemeanor charges are pending against the person and at least seven (7) years have passed since the completion of the sentence for the felony conviction.” Plaintiff respectfully shows as follows: a. Plaintiff was charged with one (1) nonviolent felony crime! not listed in Okla. Stat. tit. 47, § 11-902(A)(2),; b. Plaintiff has not been convicted of any other felony or separate misdemeanor in the last twelve (12) years; c. No misdemeanor or felony charges are pending against Plaintiff; and, d. At least seven (7) years have passed since the completion of Plaintiff's sentence for the misdemeanor conviction. 5. Jurisdiction and venue are proper in this Court pursuant to Okla. Stat. tit. 22, § 19(A). * For purposes of seeking an expungement under the provisions of paragraph 10, 11, 12 or 13 of Okla. Stat. tit. 22, § 18(A), offenses arising out of the same transaction or occurrence shall be treated as one conviction and offense. Okla. Stat. tit. 22, § 18(C). 26. Upon a finding that the harm to privacy of the Plaintiff or dangers of unwarranted adverse consequences outweigh the public interest in retaining the records, the court should order such records, or any part thereof except basic identification information, to be sealed. If the court finds that neither sealing of the records nor maintaining of the records unsealed by the agency would serve the ends of justice, the court should enter an appropriate order limiting access to such records. Further, that the court should order that the district court index reference of sealed materials be destroyed, removed, or obliterated. 7. Further, that all arrest and criminal records information of Plaintiff, except basic identifying information, should be sealed. WHEREFORE, premises considered, Plaintiff prays for the requested relief and for all such other relief as this Court deems just and proper. Respectfully Submitte es J. Pasquali, OBA # 18443 510 E. Memorial Rd., Ste. C-4 Oklahoma City, OK 73114 (405) 605-8380: Tel (405) 605-8340: Fax ATTORNEY FOR PLAINTIFF