Mandate Issued: 12/12/2017
FROM THE DISTRICT COURT OF CLEVELAND COUNTY, OKLAHOMA
HONORABLE TRACY SCHUMACHER, TRIAL JUDGE
AND REMANDED FOR FURTHER PROCEEDINGS
Justin Wolf, ASSISTANT GENERAL COUNSEL, OKLAHOMA STATE BUREAU
OF INVESTIGATION, Oklahoma City, Oklahoma, for
DEBORAH B. BARNES, PRESIDING JUDGE
The Oklahoma State Bureau of Investigation (OSBI) seeks
review of the trial court's order granting the motion to
expunge certain criminal records of Daniel Lee Shade, Jr.
Based on our review, we reverse and remand for further
Shade was charged with the offenses of "Embezzlement by
Employee" (Count I) and "Second Degree
Burglary" (Count II) in Cleveland County, Case No.
CRF-998-47, and "Larceny of Motor Vehicle" in Logan
County, Case No. CRF-1997-10. In 2012, Shade received a full
pardon for these offenses.
In June 2016, Shade filed a petition seeking to expunge all
records pertaining to Case No. CRF-998-47. Shade pointed out
that he had received a full pardon and also asserted "it
has been more than ten (10) years since the completion of
[my] sentence." Shade made no mention of the conviction
for larceny of a motor vehicle in his petition.
A hearing was held in August 2016 at which counsel for OSBI
appeared and objected to Shade's expungement request. The
applicable statute in effect at the time of the hearing
provided that, in order for one to be "authorized to
file a motion for expungement, " he/she "must be
within" the following "categor[y]":
The person was convicted of a nonviolent felony offense, not
listed in Section 571 of Title 57 of the Oklahoma Statutes,
the person has received a full pardon for the offense, the
person has not been convicted of any other felony, the person
has not been convicted of a separate misdemeanor in the last
fifteen (15) years, no felony or misdemeanor charges are
pending against the person, and at least ten (10) years have
passed since the felony conviction[.]
22 O.S.Supp. 2015 § 18 (A)(11).  In its order filed
in October 2016, the trial court acknowledged the existence
of the conviction in Logan County, but stated that,
"given the circumstances, [Shade's] youth at the
time of conviction, the fact that the Cleveland County case
and the Logan County case were revoked at the same time, the
sentences were run concurrently and [Shade] has received a
pardon on all cases and all charges, " Shade is "in
the position envisioned by statute -- to be able to work hard
and wipe the slate clean."
From the trial court's order, OSBI seeks review.