Tribe: The Muscogee (Creek) Nation
§ 1–406. Expungement of delinquency or in need of supervision court
records
A. Petition. Any person who has been adjudicated delinquent or in need of
supervision, who was taken into custody on an allegation of delinquency or
need of supervision, or who was the subject of a petition for delinquency or
need of supervision later may petition the Court for the expungement of his
record and shall be so informed at the time of adjudication, or the Court, on its own motion may initiate expungement proceedings concerning the record of
any child who has been under the jurisdiction of the Court. Such petition shall
be filed or such court order entered no sooner than two (2) years after the date
of termination of the Court’s jurisdiction over the person. Only by stipulation of
all parties involved may expungement be applied for prior to the expiration of
two (2) years from the date of termination of the Court’s jurisdiction or
termination of the Court’s supervision under an informal adjustment.
B. Hearing; notice. Upon the filing of a petition for expungement or
entering of a court order, the Court shall set a date for a hearing and shall
notify the Prosecutor and anyone else whom the Court has reason to believe
may have relevant information related to the expungement of the record,
including the child’s past or present foster parents and all agencies or officials
known to have relevant files relating to the individual.
C. Order. The Court shall order sealed all records in the petitioner’s case in
the custody of the Court and any records in the custody of any other agency or
official, if at the hearing the Court finds that:
1.
The subject of the hearing has not been convicted of a felony or of a
misdemeanor involving moral turpitude and has not been adjudicated under
this chapter since the termination of the Court’s jurisdiction;
2.
No proceeding concerning a felony, a misdemeanor involving moral
turpitude, or a petition under this chapter is pending or being instituted against
him; and
3.
The rehabilitation of the person has been attained to the satisfaction of
the Court.
D. Expungement. Upon the entry of an order to seal the records, the
proceedings in the case shall be deemed never to have occurred, and all index
references shall be deleted, and the person, every agency, and the Court may
properly reply that no record exists with respect to such person upon any
inquiry in the matter. Copies of the order shall be sent to each agency or official
named therein.
E. Inspection of expunged records. Inspection of the records included in the
order may thereafter be permitted by the Court only upon petition by the
person who is the subject of such records and only to those persons named in
such petition.
F.
Expungement upon dismissal of petition at adjudication. In any proceed
ing alleging delinquency or need-of-supervision in which the Court orders the
petition dismissed on the merits at adjudication, the Court may order the
records expunged. Such order of expungement may be entered without delay
upon petition of the child or any party or upon the Court’s own motion.