You are here

Frequently Asked Questions

Investigative Services (2)

How do I seal my evidence?

Click here to view evidence packaging and sealing requirements.

Can I mail my evidence for submittal?

Digital evidence cannot be submitted by mail.  Click here to view the Evidence Guidelines memo from March 2022.

SAKI (25)

To assist victims and survivors of violent crimes, the OSBI has a Victims Support Program.  Please click here for more information.

Category:

Sexual Assault Kits with a CODIS Match: The foreign DNA profile from the sexual assault kit that was uploaded into the Combined DNA Indexing System (CODIS) matched the DNA profile of one or more DNA profiles within CODIS. A match can happen indefinitely into the future as additional profiles are entered into CODIS.

Category:

If you need more information regarding this project, please contact [email protected].

Category:

This project was supported by Grant No. 15BJA-21-GG-04342-SAKI awarded by the Bureau of Justice Assistance.

Category:

The sexual assault kits that are part of this project will be submitted to the OSBI Criminalistics Services Division.  Kits may be tested in-house or sent to an outside accredited laboratory for analysis.  All results that are provided by the outside accredited laboratory are reviewed by the OSBI Criminalist.

Category:

  1. Survivors with a tracking number may check the status of their kit through the Sexual Assault Kit Tracking System:  https://osbi.ok.gov/services/victim-support/osbi-sexual-assault-kit-tracking-system.  
  2. Survivors who do not have a tracking number should contact the law enforcement agency that took their sexual assault report to obtain information about their kit.  Oklahoma statute, Title 74-150.5, does not allow the OSBI to share information about a case with anyone other than the submitting law enforcement agency.

Category:

If you were the victim of a sexual assault prior to April 2019 in Oklahoma and you participated in a sexual assault examination where evidence was collected from your body, your case may be a part of this project. If you have any questions, please contact [email protected].

Category:

Yes.  A survivor can have a kit collected, but choose not to report the incident to law enforcement.  In this case, the kit will not be tested by a forensic laboratory.   A collected sexual assault evidence kit, whether tested or untested, must be retained in a secure, environmentally safe manner for not less than fifty (50) years or for the length of the statute of limitations for the alleged crime, whichever is longer. 

Category:

In the state of Oklahoma, statute dictates that all SAKs will be tested unless no report is made to law enforcement, the victim requests the kit not be tested or the offender has been convicted for the crime and his or her profile is in the Combined DNA Index System (CODIS).

Category:

Is there information on the number of sexual assault kits inventoried, how many will be tested, and why they weren’t tested before?

The SAFE Task Force conducted a state-wide audit in 2017; 312 law enforcement agencies responded.

7,270 untested kits reported
Tulsa Police Department 3,003 kits
Oklahoma City Police Department:  1,593 kits
Remaining 310 agencies:  2,674 kits

Click here to view the detailed report from the Oklahoma Attorney General's office.

Category:

An unsubmitted sexual assault kit is a sexual assault kit that has not been submitted to a forensic laboratory for testing and analysis using CODIS-eligible DNA methodologies.

Category:

A standard set of materials, such as swabs and tools for collecting blood samples, used to gather forensic evidence from a victim of reported sexual assault and the evidence obtained with such materials. Oklahoma has developed a standardized kit that is used state-wide.

Category:

The Oklahoma State Bureau of Investigation Sexual Assault Kit Initiative Unit is a dedicated Sexual Crimes Unit within the OSBI Investigative Division, focused solely on investigating, assisting with the prosecution, and testing of sexual assault kits for cases identified through the established certified inventory. In addition, this unit participates in a collaborative effort with the medical, law enforcement, and prosecutorial communities to ensure a state-wide, victim-centered approach to sexual assault case investigations and victim notification of the SAKI Project and the resources available.

Category:

What if originally I did not want my kit tested, but have decided I now want my kit tested?

Contact the law enforcement agency that took your sexual assault report and let them know you want your kit tested.  The law enforcement agency will then submit your kit to the forensic laboratory for testing. 

What if I have decided I do not want my kit tested?

Contact the law enforcement agency that took your sexual assault report and let them know that you do not want your kit tested.  The law enforcement agency will contact the OSBI and let us know that the kit should not be analyzed.  The kit will still be stored by the law enforcement agency for 50 years. 

How long are SAKs kept?

Oklahoma statute requires kits to be stored for 50 years, whether or not testing has been performed on the kit.

Does the victim’s DNA go into CODIS?

No.  The CODIS database is made up of DNA profiles from individuals convicted of or, in some states, arrested for particular crimes and also includes DNA profiles from crime scene evidence. 

If there is a CODIS hit, will the victim be informed?

The OSBI notifies the law enforcement agency after a hit is confirmed.  Any notification to the victim would come from the law enforcement agency that is handling the investigation. 

What is CODIS?

CODIS is the Combined DNA Index System, a system of national, state, and local databases managed by the FBI that allows forensic laboratories across the country to compare DNA profiles from known criminal offenders with biological evidence from crime scenes. 

What happens if DNA is found in the SAK?

If a DNA profile is obtained, it can be compared to offender profiles in CODIS (the national DNA database). If there is a match, often called a “hit,” the lab will confirm the results and notify the law enforcement department that submitted the evidence. Confirming a match found through a CODIS search can take an additional 15-30 days.  Alternatively, if law enforcement has a suspect and a known DNA sample is submitted from the suspect, a direct comparison between the DNA profile obtained from the SAK and the suspect can be performed. 

How can I find out information on my kit and when it will be worked?

Contact the law enforcement agency that took your sexual assault report to obtain information about your kit.  Oklahoma statute, Title 74-150.5, does not allow the OSBI to share information about a case with anyone other than the submitting law enforcement agency.

Why does it take the OSBI so long to test a SAK?

The amount of time needed to process a SAK can vary widely depending on many factors. Testing a SAK is a multi-step process that includes screening for biological material, extracting DNA from stains or swabs, analyzing the DNA, producing a written report, and reviewing the entire process for errors. Each step is conducted systematically in an effort to avoid mistakes.  Currently, turnaround times at the OSBI forensic laboratory are higher than we would like.  Many factors have contributed to this, but know that the OSBI has created the “Specialized Forensic Biology Unit” whose sole responsibility is to do testing on sexual assault cases.  The OSBI has purchased new instrumentation that will decrease the turnaround time.  This new technology is going through the process of validation.  We plan to begin using it in casework starting in July 2020.  Additionally, five new biologists came on board in early 2020 to assist with sexual assault cases.  While time is needed to ensure they are fully trained, OSBI is working diligently to decrease the amount of time it takes to complete analysis on sexual assault cases. 

How long does it take to test a SAK once it is submitted to the OSBI forensic lab?

Currently, the average time for the OSBI to analyze a SAK and issue a report to law enforcement is 4-6 months.

Are all kits tested by the OSBI?

Oklahoma City and the city of Tulsa maintain their forensic laboratories in their police departments.  If a sexual assault occurs in either of these two cities, the SAK will be sent to their forensic laboratory.  OSBI is responsible for testing all other sexual assault kits.  If a kit has made it to a forensic lab, the sexual assault tracking system (https://sakt.osbi.ok.gov) will show you which laboratory received your kit for testing.

After the kit is collected, what happens to it?

The medical professional will turn the SAK over to the law enforcement agency.  The law enforcement agency will submit the kit to a forensic laboratory if testing is required. 

Sexual Assault Kit Tracking (15)

What if originally I did not want my kit tested, but have decided I now want my kit tested?

Contact the law enforcement agency that took your sexual assault report and let them know you want your kit tested.  The law enforcement agency will then submit your kit to the forensic laboratory for testing. 

What if I have decided I do not want my kit tested?

Contact the law enforcement agency that took your sexual assault report and let them know that you do not want your kit tested.  The law enforcement agency will contact the OSBI and let us know that the kit should not be analyzed.  The kit will still be stored by the law enforcement agency for 50 years. 

I’ve heard there’s a “backlog” of kits that haven’t been tested. What does that mean?

There is a lot of confusion about a “backlog” of untested sexual assault kits. Kits not submitted to a forensic lab for testing do not qualify as being “backlogged”; the term refers to the number of kits submitted to a lab for testing that have not yet undergone DNA analysis. Currently, the OSBI forensic laboratory has over 500 kits that are backlogged. This an increase from previous years, but is due in part to new laws that have passed requiring nearly all kits be submitted for analysis, in other words, more kits are being submitted for testing, which is a good thing and the desired outcome of this legislation.

How long are SAKs kept?

Oklahoma statute requires kits to be stored for 50 years, whether or not testing has been performed on the kit.

Does the victim’s DNA go into CODIS?

No.  The CODIS database is made up of DNA profiles from individuals convicted of or, in some states, arrested for particular crimes and also includes DNA profiles from crime scene evidence. 

If there is a CODIS hit, will the victim be informed?

The OSBI notifies the law enforcement agency after a hit is confirmed.  Any notification to the victim would come from the law enforcement agency that is handling the investigation. 

What is CODIS?

CODIS is the Combined DNA Index System, a system of national, state, and local databases managed by the FBI that allows forensic laboratories across the country to compare DNA profiles from known criminal offenders with biological evidence from crime scenes. 

What happens if DNA is found in the SAK?

If a DNA profile is obtained, it can be compared to offender profiles in CODIS (the national DNA database). If there is a match, often called a “hit,” the lab will confirm the results and notify the law enforcement department that submitted the evidence. Confirming a match found through a CODIS search can take an additional 15-30 days.  Alternatively, if law enforcement has a suspect and a known DNA sample is submitted from the suspect, a direct comparison between the DNA profile obtained from the SAK and the suspect can be performed. 

How can I find out information on my kit and when it will be worked?

Contact the law enforcement agency that took your sexual assault report to obtain information about your kit.  Oklahoma statute, Title 74-150.5, does not allow the OSBI to share information about a case with anyone other than the submitting law enforcement agency.

Why does it take the OSBI so long to test a SAK?

The amount of time needed to process a SAK can vary widely depending on many factors. Testing a SAK is a multi-step process that includes screening for biological material, extracting DNA from stains or swabs, analyzing the DNA, producing a written report, and reviewing the entire process for errors. Each step is conducted systematically in an effort to avoid mistakes.  Currently, turnaround times at the OSBI forensic laboratory are higher than we would like.  Many factors have contributed to this, but know that the OSBI has created the “Specialized Forensic Biology Unit” whose sole responsibility is to do testing on sexual assault cases.  The OSBI has purchased new instrumentation that will decrease the turnaround time.  This new technology is going through the process of validation.  We plan to begin using it in casework starting in July 2020.  Additionally, five new biologists came on board in early 2020 to assist with sexual assault cases.  While time is needed to ensure they are fully trained, OSBI is working diligently to decrease the amount of time it takes to complete analysis on sexual assault cases. 

How long does it take to test a SAK once it is submitted to the OSBI forensic lab?

Currently, the average time for the OSBI to analyze a SAK and issue a report to law enforcement is 4-6 months.

Are all kits tested by the OSBI?

Oklahoma City and the city of Tulsa maintain their forensic laboratories in their police departments.  If a sexual assault occurs in either of these two cities, the SAK will be sent to their forensic laboratory.  OSBI is responsible for testing all other sexual assault kits.  If a kit has made it to a forensic lab, the sexual assault tracking system (https://sakt.osbi.ok.gov) will show you which laboratory received your kit for testing.

Are all SAKs tested?

In the state of Oklahoma, statute dictates that all SAKs will be tested unless no report is made to law enforcement or if the victim requests the kit not be tested. 

After the kit is collected, what happens to it?

The medical professional will turn the SAK over to the law enforcement agency.  The law enforcement agency will submit the kit to a forensic laboratory if testing is required. 

What are sexual assault kits (SAKs)?

A sexual assault kit is a collection of swabs, envelopes, and instructions used to gather and preserve physical evidence from a person’s body following a report of a sexual assault. This evidence is collected by a medical professional that has been specially trained to identify, collect, and document the forensic evidence that might be found on the person’s body. 

SDA (45)

What if the sheriff’s office in my county is not providing fingerprinting services for SDA applicants due to the pandemic?

You may get fingerprinted at another Oklahoma sheriff’s office that is willing to do them, provided they are taken using an electronic fingerprint capture device (livescan) and submitted electronically.  You are still required to submit your initial SDA application through the sheriff’s office in your county.

Category:

How do I check the status of my Self-Defense Act handgun license application?

You can now check the status of your SDA application online!  Click here - Check SDA Application or go to osbi.ok.gov > Services > Handgun Licensing Information and look for the Check SDA Application status link at the top right. 

Category:

Can I be reimbursed for the fees to obtain or renew my SDA license?

All fees previously incurred to obtain or renew an SDA license in Oklahoma are non-refundable.

Category:

After Constitutional Carry goes into effect on Nov. 1, am I able to get a license to carry a gun in Oklahoma?

Yes, you can still go through the process to obtain a license after Nov. 1, 2019.  Oklahoma has reciprocal agreements with other states that recognize Oklahoma’s permit in their state. If you choose to not get a permit in Oklahoma and you travel to a state that requires a permit to carry open or concealed, then you are subject to the laws of that state.

Category:

Can I continue to renew my SDA License after Constitutional Carry goes into effect on November 1, 2019?

Yes, you can continue to obtain or renew your SDA license in Oklahoma after November 1, 2019.

Category:

Who do I make a cashier check/money order out to?

Please make your cashier check or money order payable to the OSBI.  Personal checks are not accepted.  Fingerprint fees are payable to and paid separately to the sheriff's office at the time of fingerprinting.

Category:

If your fingerprint cards are rejected due to failure to meet quality standards, you must submit new fingerprint cards. You can return to the sheriff’s office in your county of residence, or visit another sheriff’s office or police department. You may find more success from a department that can take your fingerprints digitally. Please check with your local police or sheriff departments.  You may also submit your prints electronically through an authorized vendor.  To view locations, fees and instructions, visit www.identogo.com or call toll-free 877-219-0197.

 

If you have 2 or more fingerprint rejections, OSBI offers fingerprinting services at our headquarters in Oklahoma City. OSBI fingerprinting services are available Monday through Friday, 8:30 to 4:30, except holidays.

 

Please note that legible fingerprints are a required component of the application process and the OSBI is unable to issue a license until acceptable fingerprints are submitted and processed.

 

Category:

No, information regarding SDA applications is confidential, except to law enforcement officers or law enforcement agencies in the performance of their duties.

Category:

No, information regarding SDA applications is confidential, except to law enforcement officers or law enforcement agencies in the performance of their duties.  Only the applicant or a member of law enforcement, for a law enforcement purpose, can check on the status of an application.

Category:

Yes, for purposes of the Oklahoma Self-Defense Act, the term "residency" applies if you or your spouse have permanent military orders within this state and you possess a valid driver license from another state where you claim residency.

Category:

If your license is lost or stolen, submit an original, notarized statement requesting replacement of the lost or stolen license or use the CHANGE OF INFORMATION / REPLACEMENT LICENSE REQUEST FORM. The license replacement fee is $15.

Category:

You will be denied a license if you have a pending charge, deferred sentence or deferred prosecution up until 3 years after final determination of the matter for 

-     a second or subsequent misdemeanor assault and battery;

-     misdemeanor assault and battery which caused serious physical injury to the victim;

-     misdemeanor aggravated assault and battery;

-     misdemeanor domestic assault and battery including assault and battery against a current or former spouse, 

       a present spouse of a former spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, 

       a person you are dating, an individual with whom you have a child, a person who formerly lived in the same household with you, 

       or a person living in the same household as you;  and/or

-     felony assault and battery.

Conviction for any of the assault and battery offenses listed above is a permanent preclusion.

Category:

See Title 22 O.S. § 60.1 (OSCN 2019), Protection from Domestic Abuse Act

Category:

State law prevents anyone previously adjudicated as a delinquent child or a youthful offender for felony offenses, from possessing a firearm, being in a car with a firearm or living in a residence with a firearm (unless with a certified peace officer) for 10 years after the adjudication.  Furthermore, the Self-Defense Act specifically prohibits anyone adjudicated as a delinquent from eligibility.  The 10-year waiting period begins on the day of the adjudication and subsequent dismissal of the action does not restore eligibility until the 10 years has run.  The OSBI is required to check for juvenile records through the Juvenile Online Tracking System (JOLTS) maintained by the Office of Juvenile Affairs for anyone under the age of 29.

Convictions, pending actions and deferred sentences for felony charges and prohibited misdemeanors, including multiple convictions relating to intoxication and driving under the influence in state, federal or municipal courts could also be preclusive regardless of age at the time of arrest.

Court ordered mental health commitments and adjudications, suicide attempts or other conditions indicating mental instability and previous mental health treatment as defined by the Oklahoma Self-Defense Act, even if it occurred while an applicant was under the age of 18, may prevent the OSBI from issuing a gun license.

For more information, check out 21 O.S. §1283 - Convicted Felons and Delinquents (paragraph D), 21 O.S. §1290.10 - Mandatory Preclusions   21 O.S. §1290.11 - Other Preclusions.

Category:

There is nothing in statute that addresses this question, therefore the OSBI cannot offer any advice or guidance.  We encourage you to check with the sheriff's office and other law enforcement agencies in your county of residence.

Category:

OSBI's Legal Unit will notify you if your license has been suspended or revoked.  If you wish to appeal this decision, make a written request within 60 days to the OSBI Legal Division.

Furthermore, any handgun license which is suspended or revoked shall be returned to the OSBI.

If the basis for suspension or revocation requires a hearing before such action is taken, the OSBI will initiate proceedings and notify you of the date and time of the hearing.

Category:

You must attend a minimum 16 hours firearms instructor school through the National Rifle Association (NRA), Oklahoma Rifle Association (ORA), Council on Law Enforcement Education and Training (CLEET), federal law enforcement agency or other professionally recognized organization. Afterwards, you will submit your school certificate, CLEET application and $100 to CLEET.  (Call 405-239-5110 or 580-310-0871 to receive a packet from CLEET.)   Once certified as an instructor, CLEET will send you a CLEET SDA instructor certificate.  

You can apply online.  Photos can be uploaded and credit card payments can be made online as well.  You will then take your summary sheet and a copy of your CLEET issued SDA instructor certificate to the sheriff's office in your county of residence.  The sheriff will take your fingerprints and submit the required items to the OSBI. You can download the OSBI application and submit two passport photos and $100 fee along with a copy of your CLEET certificate through your sheriff's office.

For more information, please visit the Instructor page.

Renewing instructors should apply online and send the summary sheet and a copy of the current CLEET instructor certificate to:

Oklahoma State Bureau of Investigation
Self-Defense Act Licensing Unit
6600 North Harvey Place
Oklahoma City, OK  73116

Category:

No, no additional training is required.

Category:

SDA licenses can be renewed 90 days prior to expiration. You can re-apply as a renewal if your license expired no more than 3 years ago. If it has been over 3 years, you will be an “expired renewal.”  As an expired renewal, you must process through the sheriff’s office in your county of residence, resubmit fingerprint cards and pay the fee as would a new applicant.

Category:

If your license will expire in the next 90 days or has expired no more than 3 years ago, you may apply online or you may take or mail your completed application, required fee and 2 passport style photos to:

Oklahoma State Bureau of Investigation
Self-Defense Act Licensing Unit
6600 North Harvey Place
Oklahoma City, OK 73116

Please visit the renewal page for complete instructions.

Category:

Location

Oklahoma City , OK 73105

No, Oklahoma does not require handgun registration.

Category:

Send in a written request or this form (click here) for reinstatement including a certified copy of any court documents showing the basis for suspension is no longer in effect. If a fine was assessed, make sure to submit payment if you have not already done so.

Category:

If denial of the application was due to failure to complete the process or failure to provide proof of training, you may supply the missing documents within 60 days and the OSBI will re-open your application.

If you are denied for those statutory provisions that have a time element, you must wait until the appropriate amount of time has elapsed before reapplying. For instance, if you are serving a deferred sentence for a felony offense, you must wait 3 years until final determination of the matter.

If denial was based on a condition that has since changed, you may reapply. For instance, if you were previously living with a felon or adjudicated delinquent and that is no longer the case, you may reapply.

Failure to “comply in good faith” and “significant character defects… as evidenced by a criminal record indicating habitual criminal activity” are considered permanent preclusions unless a hearing officer overturns the basis for denial at an appeal hearing. 

You must notify the OSBI in writing (by letter, email, or fax) within 60 days of OSBI's mailing the denial notification if you intend to appeal the denial of your SDA application.

Category:

No.  In order to be eligible for an Oklahoma SDA license, you must establish residency in the State of Oklahoma. For purposes of the Oklahoma Self-Defense Act, the term "residency" shall apply to any person who either possesses a valid Oklahoma driver license or state photo identification card, and physically maintains a residence in this state or a person who has or is the spouse of someone who has permanent military orders within this state and possesses a valid driver license from another state where such person claims residency

Category:

No.  In order to be eligible for an SDA license you must be a resident of Oklahoma. For purposes of the Oklahoma Self-Defense Act, the term resident is anyone who either possesses a valid Oklahoma driver license or state photo identification card, and physically maintains a residence in this state, or has permanent military orders within this state and possesses a valid driver license from another state where residency is claimed.

Category:

No.  Oklahoma does not allow for the transfer of a license; however, Oklahoma will honor a license issued by another state if it is still valid under the laws of that state.

Category:

In order to be eligible for an SDA license, you must establish a residency in the State of Oklahoma. For purposes of the Oklahoma Self-Defense Act, the term "residency" shall apply to any person who either possesses a valid Oklahoma driver license or state photo identification card and physically maintains a residence in this state or has permanent military orders within this state and possesses a valid driver license from another state where such person claims residency. There is no specific time requirement before you are eligible.

Category:

In order to retain eligibility for an SDA permit, you must maintain a residence in Oklahoma. For purposes of the Oklahoma Self‑Defense Act, the term residency shall apply to any person who either possesses a valid Oklahoma driver license or state photo identification card, and physically maintains a residence in this state or a person who has or is the spouse of someone who has permanent military orders within this state and possesses a valid driver license from another state where such person claims residency.

Category:

If there are no exceptions, the OSBI will issue your license or deny the application within 60 days of receipt of the completed application and the required information from the sheriff.  If exceptions are present, the OSBI will issue or deny within 90 days of receipt.  Please note that the completed application includes answers to all questions on the application, a legible set of fingerprint cards, all required documents, and any information requested in order to make an eligibility determination.

Category:

Submit a notarized statement with the update name and/or address or use the Change of Information / Replacement License Request Form. If you wish to have a replacement license with the updated name or address, the fee is $15.

Category:

Oklahoma recognizes any valid concealed or unconcealed carry weapons permit or license issued by another state.

If you are from a state that allows you to carry a handgun but does not issue permits or licenses, Oklahoma reciprocates under the permitting law of your state.

Category:

Inpatient treatment for substance abuse is preclusive for three (3) years from the last date of treatment unless you present of a certified statement from a licensed physician stating that you have been free from substance use for twelve (12) months or more preceding the filing of an application for a handgun license.

A misdemeanor conviction relating to illegal drug use or possession is a 10-year preclusion. A pending charge or deferred sentence or deferred prosecution will result in denial of your license application for 3 years from the final determination of the matter.  For more information see SDA and Medical Marijuana.

Category:

You are not eligible for an SDA license if you are currently undergoing or in the last 3 years undergone treatment for a mental illness, condition, or disorder. For purposes of this paragraph, "currently undergoing treatment for a mental illness, condition, or disorder" means the person has been diagnosed by a licensed physician as being afflicted with a substantial disorder of thought, mood, perception, psychological orientation, or memory that significantly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life.  The preclusive period is 3 years from the last date of treatment or until you can present a certified statement from a licensed physician stating that you are either no longer disabled by any mental or psychiatric illness, condition, or disorder or that you have been stabilized on medication for ten (10) years or more.

You will also be denied for attempted suicide or other condition relating to or indicating mental instability or an unsound mind which occurred within the preceding ten-year period.

Involuntary commitment for a mental illness, condition, or disorder and adjudication as an incompetent person are permanent preclusions as well.

Category:

The Self-Defense Act prohibits individuals with arrests/pending charges for felony offenses and the following misdemeanor offenses from eligibility:

a.  assault and battery, which caused serious physical injury to the victim, or any second or subsequent assault and battery conviction;

b.  aggravated assault and battery;

c.  stalking;

d.  violation relating to the Protection from Domestic Abuse Act,or any violation of a victim protection order of another state;

e.  any conviction relating to illegal drug use or possession; or

f.  an act of domestic abuse or domestic assault and battery.

OSBI will initiate suspension proceedings upon being made aware of arrests for any of the offenses listed above.OSBI will also take similar action if a 2nd or subsequent conviction for public intoxication is brought to our attention.  A second or subsequent DUI and/ or intoxication conviction will require a doctor’s statement that the individual is not in need of substance abuse treatment. If no certifying statement is provided, the license will be suspended until 3 years from the date of the completion of the last sentence.

If convicted of a felony or any of the misdemeanors listed in a thru f above, OSBI will pursue revocation of the SDA license.

SDA licenses holders can also have their license suspended if convicted of any of the following:

Unlawful Carry

Carrying Firearms Where Liquor is Consumed

Allowing Minors to Possess Firearms

Carrying Weapons Under Influence of Alcohol

Furnishing Firearms to Incompetent Persons

Giving Firearms to Convicted Persons

Discharging Firearm

SDA license holders can have their license revoked if convicted of the following:

Misdemeanor Pointing Firearm

Reckless Conduct, pursuant to Title 21 § 1289.11

Category:

If you have a warrant out for your arrest you may be a “fugitive from justice” pursuant to federal law and would be ineligible to possess a firearm.  If you are federally ineligible to possess a firearm, you will be denied a handgun license pursuant to the Oklahoma Self-Defense Act. You are considered a federal "fugitive from justice" if the following conditions exist:

  1. You have fled the state
  2. for the purpose of avoiding prosecution or to avoid giving testimony, and 
  3. are subject to imminent criminal prosecution or testimonial obligation.

If you are subject to a felony warrant in this state, another state, or the United States, your handgun license application will be denied pursuant to Title 21 Oklahoma Statute § 1290.10 (11).

Category:

You are ineligible if you have two or more convictions for public intoxication until 3 years from the date of the completion of the last sentence.

You are also ineligible for 3 years from the date of the completion of the last sentence if you have 2 or more convictions for Driving under the Influence and/or Intoxication unless you provide a certified statement from a licensed physician stating that you are not in need of substance abuse treatment.

A single conviction is not preclusive. If the sentence of your most recent conviction is over 3 years old, you are not precluded. Please note that this is for misdemeanors only. A felony conviction is a permanent preclusion.

Category:

The Self-Defense Act prohibits individuals with pending charges and/or convictions for certain offenses from having a license. In addition to felony offenses, the following misdemeanor offenses are specifically listed in statute:

         a.  assault and battery, which caused serious physical injury to the victim, or any second or subsequent assault and battery conviction;
         b.  aggravated assault and battery;
         c.  stalking;
         d.  a violation relating to the Protection from Domestic Abuse Act, or any violation of a victim protection order of another state;
         e.  any conviction relating to illegal drug use or possession; or
         f.   an act of domestic abuse or domestic assault and battery.

In addition, you are ineligible if you have two or more convictions for public intoxication until 3 years from the date of the completion of the last sentence.

You are also ineligible for 3 years from the date of the completion of the last sentence if you have 2 or more convictions for Driving Under the Influence and/or Intoxication unless you provide a certified statement from a licensed physician stating that you are not in need of substance abuse treatment.

You can also be denied if you have significant character defects evidenced by a misdemeanor criminal record indicating habitual criminal activity.

Category:

You must have a valid Oklahoma driver license or state photo identification card, or have or be the spouse of someone who has permanent military orders within this state and possesses a valid driver license from another state where you claim residency.

Category:

5 or 10 years

Category:

The processing fee is nonrefundable in the event of a denial of a handgun license or any suspension or revocation subsequent to the issuance of a license.

Category:

Location

Ardmore Veterans Center
1015 S. Commerce Ardmore, OK 73402
United States
US

First time applicants and expired renewals (over 3 years since license expiration) are $100 for a 5-year license and $200 for a 10-year license.

Renewals are $85 for a 5-year license and $170 for a 10-year license.

Category:

The following individuals may be exempt from all or part of the required training and qualification course:

  1.   A firearms instructor registered with the Oklahoma State Bureau of Investigation for purposes of the Oklahoma Self‑Defense Act;
  2.   An active-duty law enforcement officer of this state or any of its political subdivisions or of the federal government;
  3.   A retired law enforcement officer authorized by this state pursuant to Section 1289.8 of this title to carry a firearm;
  4.   A CLEET-certified armed security officer, armed guard, correctional officer, or any other person having a CLEET certification to carry a firearm in the course of their employment;
  5.   A person on active military duty, National Guard duty or regular military reserve duty who is a legal resident of this state and who is trained and qualified in the use of handguns;
  6.   A person honorably discharged from active military duty, National Guard duty or military reserves within twenty (20) years preceding the date of the application for a handgun license pursuant to the provisions of the Oklahoma Self‑Defense Act, who is a legal resident of this state, and who has     been trained and qualified in the use of handguns;
  7.   A person retired as a peace officer in good standing from a law enforcement agency located in another state, who is a legal resident of this state, and who has received training equivalent to the training required for CLEET certification in this state; and
  8.   Any person who is otherwise deemed qualified for a training exemption by CLEET.

Category:

You must successfully complete a firearms safety and training course from a certified SDA firearms instructor and demonstrate competency and qualification with a pistol authorized for carry by the Oklahoma Self‑Defense Act. You will submit the original certificate of training with your application for a handgun license. No duplicate, copy, facsimile or other reproduction of the certificate of training or exemption from training shall be acceptable as proof of training.  Certificate expires after three years.

If you are exempt from the training requirements, you must show the required proof to an SDA firearms instructor to receive an exemption certificate. The original exemption certificate must be submitted with your application.

Category:

You can apply online or applications are available at all Oklahoma county sheriffs’ offices, by contacting the OSBI or on this website.

Category:

Forensic Science Center (0)

General Questions (6)

The following types of items will NOT be accepted by the OSBI for destruction:

  • Biohazardous materials or items containing/contaminated with biohazard substances (blood, semen, etc.)
  • Explosives of any kind, including firecrackers and ammunition
  • Lighters
  • Batteries

Please contact the OSBI case agent or the investigating agency for information regarding your property. Due to confidentiality requirements, the Firearms and Toolmarks Unit is unable to release case information or evidence to civilians. Please contact the OSBI case agent or the investigating agency for information regarding your property. Due to confidentiality requirements, the Firearms and Toolmarks Unit is unable to release case information or evidence to civilians.

In compliance with Title 63 Oklahoma Statutes, Sections 2-507 and 2-505(B), the OSBI will accept controlled dangerous substances and drug paraphernalia as defined by the Uniform Controlled Dangerous Substances Act.  Chemicals for destruction should be packaged separately from controlled dangerous substances and drug paraphernalia.

Sharp objects must be packaged in a puncture-proof container.

The OSBI does provide some items to law enforcement for evidence collection and/or packaging. The quantity of each item able to be distributed is based on the agency size, case submissions, and the available supplies. Download and fill out the OSBI Kit & Supply Request Form (PDF).

Evidence Packaging & Submittal (7)

The Oklahoma State Bureau of Investigation laboratories will receive evidence for examination either by personal delivery or by mail with the following exception: Handguns, Long Guns (Rifles and/or Shotguns), and most Forensic Biology evidence must be submitted in person. Sexual assault kits and known DNA reference samples can be mailed to the laboratory for analysis.  It is recommended that if evidence is submitted by mail, a tracked method is utilized. Click here to view the Evidence Guidelines memo from March 2022.

Toxicology evidence is typically submitted by mail through a carrier service (United States Postal Service, UPS, or Federal Express).  Evidence may also be received in person from submitting officers.

No. Firearms may not be mailed for submission due to safety concerns. However, the following OSBI laboratory evidence-receiving locations (Edmond, Tahlequah, McAlester, Lawton, Woodward) accept firearms evidence and will transfer such evidence to the Firearms and Toolmarks Unit located in Edmond, OK.

All firearms must be unloaded when submitted – no exceptions.  Firearms should be submitted in a box with all factory seals reinforced with tape and initials.  For firearms evidence not needing Biology and/or Latent Print analysis, the item may be submitted in a sealed plastic bag. Loose ammunition should never be packaged in the same container as a firearm. Include any associated magazine with the firearm. Live/unfired ammunition is generally not necessary to submit.

A limited number of evidence types are able to be mailed to the OSBI laboratories for analysis.

The Oklahoma State Bureau of Investigation laboratories require the following evidence types to be submitted in person:

  • Handguns
  • Long Guns (Rifles and/or Shotguns)
  • Evidence requiring refrigeration/freezing, and
  • Most Forensic Biology evidence

NOTE: Sexual assault kits and known DNA reference samples can be mailed to the laboratory for analysis. 

It is recommended that if evidence is submitted by mail, a tracked method is utilized. Click here to view the Evidence Submittal by Mail memo from February 2024.

Firearms & Toolmarks Unit (4)

Revolvers, single shot and/or break-open shotguns, lever action rifles, bolt action rifles or shotguns, antiques/muzzle loaders/black powder, or hunting rifle calibers (i.e. 30-06 SPRG, 7mm Mauser, 303 British, 308 WIN, 243 WIN).

1) Semi-automatic pistols of the following calibers:

  • 22 LR / 22 Long Rifle
  • 25 Auto / 25 ACP
  • 32 Auto / 32 ACP
  • 380 Auto / 9mm kurz / 9mm Corto
  • 9x18 MAK / 9x18 Makarov
  • 9mm Luger / 9mm Parabellum
  • 357 SIG
  • 40 S&W / 40 Auto
  • 10mm Auto
  • 45 Auto / 45 ACP

2) Semi-automatic rifles of the following calibers:

  • 22 LR / 22 Long Rifle
  • 223 REM / 5.56x45mm (example: AR-15)
  • 7.62x39mm (example: AK-47)
  • Rifles that fire any of the above pistol calibers

3) Pump-action shotguns

4) Semi-automatic shotguns

5) Fired casings collected from crime scenes

The Integrated Ballistics Identification System (IBIS) is the equipment and program used to upload images of fired cartridge cases into the National Integrated Ballistics Identification Network (NIBIN), which is maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  When a cartridge case (whether a test fire or crime evidence) is entered into the system, a proprietary algorithm returns a list of possible ‘matches.’ IBIS does not identify a specific firearm but rather provides investigative leads.

Using crime data, the ATF has established ‘default,’ or automatic search areas, for each IBIS unit.  The OSBI’s IBIS unit is automatically searched to surrounding states and selections of ATF entries. What this means to officers in Oklahoma is that when you submit a firearm or fired cartridge case to the OSBI for entry into NIBIN, your evidence is only searched/compared to evidence from those areas.  Your evidence is not automatically searched/compared against NIBIN entries from across the entire nation.

There are times when investigative information may necessitate expansion of the NIBIN search to include NIBIN entries from other areas of the United States. When this occurs, a manual correlation may be requested and conducted. This may be done by IBIS region, state, or even specific city.

Some examples of situations that may indicate a need for expansion of the search area include:

  • A subject with past violent criminal history outside of the automatic IBIS search area;
  • A subject with known travel plans to/from locations that have them traveling through Oklahoma and on to other states;
  • A subject with past residences outside of the automatic IBIS search area; or
  • A firearm associated with possible drug trafficking across states.

If the need arises to have the firearm(s) and/or fired cartridge case(s) from crime scenes compared to another geographical location, contact the OSBI Firearms and Toolmarks Unit to discuss an additional search.

At this time, it is not feasible to compare every firearm and/or fired cartridge case from crime scenes to the whole nation. This would delay the results from being returned to the requesting agency, as well as to other agencies, as the program and servers can only perform so many correlations at a time. This is why each agency is asked to contact the OSBI Firearms and Toolmarks Unit when asking for a manual correlation, to ensure resources are used optimally. 

If your agency has any unsolved cases that may benefit from a manual correlation to another region outside of the automatic IBIS search area and has already been submitted and entered by the OSBI, this manual correlation can likely be performed without the re-submission of that evidence. Please, contact the OSBI Firearms and Toolmarks Unit to further discuss this potential investigative tool.

If you have any further questions or comments, please, do not hesitate to contact the OSBI Firearms and Toolmarks Unit at 405-330-6724 or toll-free at 800-522-8253.

NIBIN stands for the National Integrated Ballistic Information Network.  NIBIN is accessed through IBIS (see the answer to “What is IBIS” above).

Forensic Biology Unit (13)

Touch DNA is referring to a source of DNA likely to be from skin cells that are transferred from a person to an object after extended physical contact.  Examples of touch DNA items are cigarette butts, some clothing, straws, bottles, cans, etc.  DNA analysis can be performed on touch DNA items, and it oftentimes results in robust DNA information.

Brief contact items are unlikely to contain sufficient transfer of skin cells to the object. Examples of items to contain what is referred to as brief contact DNA include door handles, papers, visible fingerprints on a surface, countertops, etc. DNA analysis will generally not be performed on brief contact items at the OSBI laboratories.

  1. 1. The evidence submitted has to be from a crime scene
  2. 2. The evidence cannot be seized from the suspect’s person or his/her possession
  3. 3. The profiles developed are not from the victim(s)

Please remember, evidence can be informative for your case without being CODIS eligible; for example, victim blood on suspect pants.  For additional guidance or to discuss a specific case, please contact the CODIS Unit at 405-330-6724.

Offender samples used by the DNA offender database do not have an associated chain of custody and are generally inadmissible in court.  In order for the DNA evidence to be presented in court, an additional DNA report needs to be issued. A new known DNA sample with documented chain of custody is needed for this report in order to perform a direct comparison between the individual listed in the CODIS hit letter and the DNA profile obtained from the crime scene evidence.  In addition, no statistical analysis, which is a required component of DNA reports, can be performed without a known DNA sample that has a properly documented chain of custody.

No, the offender collection kits are for the DNA database only. They do not have a chain of custody associated with them and are not considered evidence. You do not need a special kit to collect a known DNA sample. Using sterile swabs and storing them in a sealed evidence envelope is sufficient.

No, offender DNA samples/profiles are confidential and cannot be released for use in a civil case. Suggestions for other samples to consider for this resource: paternal grandparents, paternal (full) siblings, medical samples such as biopsy slides, or teeth.

The Federal Bureau of Investigation facilitates the use of a national DNA database, which is called the Combined DNA Index System (CODIS) database.  It can be used to search profiles within the state of Oklahoma and throughout the United States.  CODIS is a useful tool in providing investigative leads to law enforcement agencies throughout the state. It is particularly useful when there are no suspects or a suspect has not yet been developed for a case. CODIS is also providing useful information on cold cases.

Yes, crime scene evidence DNA profiles can be entered into the Combined DNA Index System (CODIS) database (as long as they meet the eligibility requirements set forth by the FBI) and searched for investigative leads. When there is a CODIS hit to a subject, a letter will be sent to the investigator.  The investigator should collect a known reference sample (buccal swab) from that individual and submit it to the laboratory so comparisons can be made between the reference sample and evidence profiles.

In most cases, the amount of sample that is required for DNA analysis is minimal, and every effort is made to preserve at least half of the stain for additional testing if necessary.  If a sample will be consumed in testing, the laboratory will contact the assigned officer or District Attorney’s office to obtain written permission to consume the sample.

Every case is different. The timeframe for analysis is dependent on the number of samples that were submitted and the current number of pending cases of the laboratory at the time. The duty biologist or supervisor of the laboratory analyzing the evidence may be contacted to get an estimate of the turn-around time. Estimates should not be mistaken for guaranteed time frames.

NOTE: The timeframes change over time, so please call often to get current average turnaround times.

A known reference sample is DNA taken directly from a person (i.e. victim or suspect).  A buccal swab is DNA collected from inside a person’s mouth.  To collect buccal swabs, hold the sticks of two sterile swabs together and rub the swab ends along the inside of the person’s cheek and gum area. Allow the swabs to air dry in a swab box or other appropriate container.  Package the dried swabs into a container that is clearly labeled with the person's name. Buccal swabs do not need to be refrigerated. Known reference samples from the medical examiner’s office are typically submitted on a blood card.

Samples should be collected in a way that will avoid sample destruction and degradation.  Biological evidence is best preserved in a dry, cool environment.  Items of evidence should be packaged in brown paper sacks, evidence envelopes, or similar paper packaging material.  Biological evidence should never be packaged in plastic bags. Please reference “Evidence Packaging and Submittal Tips” and information located under the Evidence Submission tab at Quality System Overview | Oklahoma State Bureau of Investigation for additional guidance.

Biological evidence must be retained in accordance with Title 22 OS 1372.A.  "A criminal justice agency having...custody of biological evidence from a violent felony offense...shall retain and preserve that biological evidence for such a period of time as any individual convicted of that crime remains incarcerated."  Title 74 OS 150.28b.D “A collected sexual assault evidence kit, whether tested or untested, must be retained in a secure, environmentally safe manner for not less than fifty (50) years or for the length of the statute of limitations for the alleged crime, whichever is longer.”

Forensic Toxicology Unit (8)

Storage of specimens shall be accomplished in such manner to uphold the identity and integrity of specimens, maintain chain of custody, exclude tampering with and unauthorized access to or exchange or loss of specimens, and provide requisite security for evidentiary purposes.  Refrigeration of biological samples is recommended; Drug Facilitated Sexual Assault Kits REQUIRE refrigeration. 

Contact the Criminalist who issued the report by calling 405-330-6724.

Blood samples should be collected in grey top tubes (or equivalent) containing 10% potassium oxalate and sodium fluoride to preserve the samples.  The OSBI provides grey top tubes and/or blood vials containing these preservatives to customers (OSBI Blood Specimen Collection Kit or Drug Facilitated Sexual Assault Kits).  Hospital or clinical specimens containing serum or plasma collected pursuant to medical treatment may also be submitted.  NOTE:  Serum/plasma ethanol concentrations are higher than corresponding whole blood concentrations.

The Toxicology Lab will also analyze urine (drug-facilitated sexual assaults) and unknown liquids believed to contain alcohol (alcoholic beverage content).

Yes, the OSBI Toxicology Lab is accredited by the American National Standards Institute (ANSI)- National Accreditation Board (ANAB). Learn about the OSBI Forensic Laboratory System accreditation.

OSBI Blood Specimen Collection Kits are available to law enforcement agencies in the State of Oklahoma.  Drug Facilitated Sexual Assault (DFSA) kits are also available for hospitals. Please see OSBI Kit & Supply Request Form for obtaining blood kits or DFSA kits. 

The defendant’s specimen will be retained for 60 days from the date of collection in accordance with Title 47 O.S. § 752. Remaining specimens involving impaired driving may be destroyed after 4 months from the date received by the OSBI.

The defendant/defendant’s attorney may request an independent test of the defendant’s blood sample at the defendant’s own expense. The defendant is responsible for making all necessary arrangements for the independent testing of their sample.

Click here for the form to request independent testing of your blood sample.

For defense attorneys requesting independent testing of their client's blood sample, please fill out the letter template here, print the letter template on your firm's official letterhead, and mail to:

Oklahoma State Bureau of Investigation
Attn: Toxicology Unit
800 E. 2nd Street
Edmond, OK 73034

The request can also be faxed to 405-330-6974 or emailed to [email protected].

 

The defendant or their attorney can contact the District Attorney in the county of offense, the Department of Public Safety/Service Oklahoma, or the defendant/defendant’s attorney may send a letter to the OSBI requesting the blood test results.

Click here for the form to request a copy of your blood test results.

For defense attorneys requesting the blood test results for their client, please fill out the letter template here, print the letter template on your firm's official letterhead, and mail to:

Oklahoma State Bureau of Investigation
Attn: Toxicology Unit
800 E. 2nd Street
Edmond, OK 73034

The request can also be faxed to 405-330-6974 or emailed to [email protected].

Latent Evidence Unit (10)

No.  The FBI conducts tire track comparisons; however, the case must meet the FBI case acceptance guidelines.  Please refer to the Handbook of Forensic Services — FBI

No.  However, the FBI has a footwear database. In order for a case to be processed by the FBI, the case must meet the FBI case acceptance guidelines.  Please refer to the Handbook of Forensic Services — FBI.

Yes, known shoes are needed for footwear comparisons. The OSBI will not analyze shoe impressions from scenes without known shoes. Please submit the actual shoes (not photographs) needing comparison to scene impressions.

Yes!  Fired cartridge cases can be processed for latent prints before or after Firearms examination.  Please make the request for both examinations during submittal.

It depends!  Depending on the item (size, texture, material) it may be possible to swab the item for contact DNA and perform latent print analysis.  The recommended course of action is consult with a DNA analyst and/or a latent print analyst allowing for discussion, as a team, the best examination for the specific evidence and circumstance.  Sometimes analysts don’t know if both analyses can be performed until the evidence is viewed by each analyst.

Many methods are valid for developing and preserving prints.  Generally, at a crime scene, the preferred method for developing latent prints is the use of black powder.  Latent prints developed with black powder can be lifted with fingerprint lifting tape and placed on a white background (i.e. white index cards or white paper). Good photography techniques can also be used to preserve developed latent prints.  The use of colored or fluorescent powders for latent print development is not recommended.  The use of hinge lifters for lifting developed latent prints is not recommended.   

The OSBI Latent Evidence Unit has more specialized methods for developing latent prints in the laboratory.  It is recommended that items that can be collected at a crime scene be submitted to the laboratory for latent print processing. If you have questions about the best way to proceed, please contact an OSBI latent print analyst for suggestions or guidance at 405-330-6724.

The OSBI Latent Evidence Unit has access to search the OSBI Automated Fingerprint Identification System (AFIS), which is the state repository for criminal and civil fingerprint records in the state of Oklahoma.  The OSBI Lab has access to search the Oklahoma City Police Department (OCPD) automated fingerprint database, which houses fingerprint records collected by OCPD. We also have access to search the FBI Next Generation Identification (NGI) system, which is the national repository for criminal and civil fingerprint records.  Additionally, OSBI can submit searches to the Department of Homeland Security Biometric Services Division or other agencies, as necessary.

Known elimination prints are not entered into any database.  A scanned copy of the prints is placed in the case record, as required by accreditation standards.  Once the case is complete, the original print card is returned to the submitting agency.

No.  While it is helpful to have known prints submitted, they are not necessary for latent print analysis and comparison to be performed, as unidentified latent prints can be searched through our automated fingerprint databases.

Known prints are a deliberate recording of a person’s fingerprints/palm prints. 

Known prints can be collected utilizing black printer’s ink on a standard tenprint card or clean white paper.  Known prints may also be collected electronically utilizing a Livescan device and printing the card for submission to the OSBI Latent Evidence Unit.  Please include the person’s identifying information including name; date of birth; signature; and, if on plain white paper, identify the anatomical source (i.e. finger—right thumb, left index, etc.; right or left palm).

Having an individual touch a surface before powdering and lifting the prints is not an appropriate method of collecting known prints.  If known prints are collected in this manner, they will not be examined by the OSBI Latent Evidence Unit.

Expungement (15)

No. Your record can be checked by sending in a request to the OSBI.

Category:

Yes.  Even if a person qualifies for expungement, the State can object to an expungement being granted.

Category:

No.  If a person is eligible for expungement, the age of the record will not disqualify them.

Category:

The OSBI cannot pre-approve someone for expungement.  However, the statutory categories for people who are eligible for expungement are listed in Title 22 of the Oklahoma Statutes, in section 18(A).  View the Expungement pamphlet.

Category:

After receiving a certified copy of the order, expungement of court records can take about one month after the OSBI receives the order, expungement of arrest records usually takes a similar amount of time after receipt of the order and the required fee.

Category:

When you send the OSBI your Petition for Expungement or an Order of Dismissal and/or Expungement you should include the following information in order to successfully complete your expungement:  The OSBI needs to know your name, social security number, date of birth, the crimes that you were charged with, the date of your arrest, and the disposition (end result) of your arrest and/or charges in court. 

If domestic-related charges occurred, please provide a police narrative or report that states the relationship to the victim so it does not cause a delay in processing your expungement.  This includes the following:

21.644.1

DOMESTIC ABUSE WITH PRIOR PATTERN OF PHYSICAL ABUSE

21.644.A

ASSAULT

21.644.B

ASSAULT AND BATTERY

21.644.C

DOMESTIC ASSAULT AND BATTERY

21.644.D.1

DOMESTIC ASSAULT AND BATTERY WITH A DANGEROUS WEAPON

21.644.D.2

DOMESTIC ASSAULT AND BATTERY WITH A DEADLY WEAPON

21.644.E

DOMESTIC ASSAULT AND BATTERY AGAINST A PREGNANT WOMAN

21.644.F

DOMESTIC ASSAULT AND BATTERY RESULTING IN GREAT BODILY HARM

21.644.G

DOMESTIC ABUSE IN PRESENCE OF MINOR

21.644.J

DOMESTIC ASSAULT AND BATTERY BY STRANGULATION

21.645

ASSAULT AND BATTERY WITH DANGEROUS WEAPON

21.646

AGGRAVATED ASSAULT AND BATTERY

21.1173

STALKING

22.60.6.A

PROTECTIVE ORDER VIOLATION

22.60.6.B

PROTECTIVE ORDER VIOLATION RESULTING IN PHYSICAL INJURY

Category:

Anyone qualified under the applicable statute can file the paperwork necessary to begin the expungement process.

Category:

There are specific paperwork, notice, and legal requirements necessary in order to successfully petition for an expungement of your arrest records.  The OSBI strongly suggests you get a lawyer to advise you of the proper actions to take.  If you decide to represent yourself, the court will hold you to the same standards for knowing and following the applicable law as it would an attorney.

Category:

Expunging your court record is free.  Expunging your arrest record requires paying a $150 processing fee.  It may also require fees be paid to local law enforcement agencies expunging their records.  The OSBI accepts cashier’s checks or money orders.  Personal checks WILL NOT be accepted.

Category:

Section 18 expungement allows a person to expunge their entire arrest record.  A Section 991(c) expungement allows a person who received a deferred sentence to expunge their plea, and have the disposition of their case updated to show the case has been dismissed.  The disposition will say, “pled not guilty, case dismissed”.  However, a 991(c) expungement will not expunge (remove) the arrest record.

Category:

Expungements allow you to seal your court record or arrest record.  This prevents the public from having access to the information.

Category:

No.  Expungements do not allow destruction of physical records. Additionally, identifying information, including fingerprints may still be maintained by the OSBI by law. Such identifying information, however, will not reference or be attached to the sealed arrest information.

Category:

Multiple arrests in the same county can be filed for in one petition, however, a separate petition must be filed for each county where a person has records they want expunged.

Category:

Criminal History (25)

A court order is required to have anything completely removed or expunged from the OSBI files.  You should contact an attorney or legal aid to see if you meet the qualifications.

The full name and date of birth (or approximate age) of the person to be searched (mandatory).  All known aliases, which include maiden and previous married names, and the purpose of the request, should also be provided. The person’s race, sex and social security number are optional but providing them will result in a more thorough search.  A signed release is NOT required.

You can go to your local law enforcement agency to be fingerprinted. You need to take photo identification and provide a short statement explaining your situation. The statement should also include your mailing address and daytime telephone number. In order to maintain the integrity of the fingerprints, the law enforcement agency must mail the fingerprint card to the OSBI, along with your statement and a copy of your photo identification. Upon receipt, we will process your prints and mail the results directly to you.

You will need to come to our office to be fingerprinted.  Please bring photo identification.  We will compare your prints against the ones on file under your information; we will also run your fingerprints through our fingerprint system (AFIS).  If it is determined you do not have a record in our files, we will give you documentation stating this.   Your information cannot be removed from the other person’s record.  This is a bone fide alias; the person has used it once and may use it again.   After you have finished the fingerprint process, any future commercial inquiries on your information will still get a copy of the record; however, we will also contact the requestor and explain that you have been a victim of identity theft.

We do not maintain juvenile criminal history information unless the juvenile is certified as an adult by the court.

There are procedures throughout the judicial system to furnish us with the information that shows the outcome of the case.  However, we do not always receive that information.  Ultimately it is the responsibility of the individual to make sure his/her record is complete.

The charges listed on a criminal history record are those the arresting agency indicated on the fingerprint card.  A person can be arrested for one offense, but formally charged with an entirely different offense.  This is common practice.  The final disposition should note what charge(s) were filed and the outcome.  If you still feel the charge at arrest is incorrect, you will need to contact the arresting agency.  

When you have successfully completed a deferred sentence, your original plea of guilt or no contest can be removed from the record and the case is dismissed.  You will need to contact the Court Clerk’s and/or District Attorney’s Offices for a certified copy of your deferred dismissal order.   Your record can then be updated to reflect a disposition of – Pled Not Guilty, Case Dismissed.  The arrest will still be a part of your record; only the original plea is removed/expunged.

The OSBI criminal records are a history of a person’s arrests, not just convictions.  The OSBI maintains records of arrest, meaning that even if a person is not convicted, or even if charges are never filed, the record of the arrest can still exist

A court order is required to have anything completely removed or expunged from the OSBI files.  You should contact an attorney or legal aid to see if you meet the qualifications.

If charges were filed, send the certified document(s) to OSBI, Attn: DSU Unit, 6600 N. Harvey Pl, Oklahoma City, OK 73116.

If charges were not filed, obtain all necessary document(s) and send to OSBI, Attn: CHMU, 6600 N. Harvey Pl, Oklahoma City, OK 73116.

We can accept faxes only from law enforcement agencies and the courts.  A certified hard copy must also be mailed.  We cannot accept faxes from individuals. 

Update Criminal History Form

Many people interpret the “felony” listed below the charge at arrest as a conviction.  (This information appears next to the "severity").  This is the "alleged" charge at the time of arrest and indicates the person was arrested for a felony offense, not necessarily what was filed by the prosecuting attorney. 

All of the information that we receive comes on a fingerprint card from the arresting agency.  If you feel the charge information is wrong, contact the arresting agency.  Upon review of their records, the arresting agency should contact the OSBI with the results. 

Arrest fingerprint cards must be submitted to the OSBI.  If the fingerprint card was not submitted or the fingerprints were not retained because of poor quality, we will not have a record.

If you have ever been arrested and fingerprinted, you will in all probability have an arrest record on file.

Court records are maintained by the court clerk and the OSBI.  This information includes the crimes that a person is charged with, the resolution of the case, and all the pleadings and filings during the case.  Arrest records are maintained by the arresting agencies and the OSBI, this information includes the crimes that a person is arrested for, not necessarily the same crimes that they are charged with by the district attorney.

Searches of the Department of Corrections Sex Offender Database and Violent Offender Database can be obtained for a fee of $2.00 each ($4.00 for both).  Please check with the requesting authority to determine if these additional searches are required.

Complete and submit a Criminal History Record Check Form along with the fee of $19.  One set of inked fingerprints taken on an applicant fingerprint card must accompany the Criminal History Information Request Form or letter.   Cards should not be folded, stapled or altered in any way.  The card must be signed and dated by the printing officer and the person being printed.  All information blocks must be filled in completely and legibly. Printing service should be available through your local police department or sheriff’s office. Fingerprint searches require a minimum of four weeks to complete; replies are made by mail.

Fingerprint-based record checks must be made via mail or in person.  Do not FAX fingerprint cards, we must receive the original card to complete the request.

We provide fingerprint-based arrest and/or conviction data for serious misdemeanors and felonies from the State of Oklahoma only. Un-reported arrests, arrests where fingerprints were not taken or arrests where fingerprints were of insufficient quality will not be a part of the OSBI criminal history record.  We do not provide criminal history information from other states. A national search of records maintained by the Federal Bureau of Investigation is not available to the public through this agency or by direct contact with the FBI.  We do not provide driving records.

In-person service for a single record check usually requires a wait of ten to fifteen minutes; generally, multiple requests left at the customer window are completed on the same day or by the following day. 

Please allow one to three weeks for processing and return of regular mail requests.

Priority or Overnight Express requests are processed in one to three days from the date they are received.  If Priority or Overnight return service is desired, a pre-paid envelope must be included.  

If requests by mail are not received within thirty days, please contact the Criminal History Reporting Unit at 405-848-6724. 

Faxed requests are generally processed within two to five business days of receipt.  OSBI’s criminal history request form requires customers to provide a dedicated fax number (a line used only for faxing – no phone calls) for the return results.  If your bank or credit card does not show a charge for faxed requests within one business day of faxing or if fax results are not received within five business days of the charge to your bank or credit card, please contact the Criminal History Reporting Unit at 405-848-6724.

Criminal History Record Requests will be returned in the manner received.

Acceptable methods of payment include cash (in-person requests only), money orders, Visa, MasterCard, Discover, cashier’s checks, certified checks, government checks or warrants, and business checks imprinted with the company name and address and made payable to the OSBI. Personal checks are NOT accepted.

There is a $15.00 processing fee for each person searched; the fee is set by state statute and cannot be waived or reduced.

To make a record check request in person, complete and submit a criminal history record check form at our headquarters location.  All requests must be typed or legibly printed in ink. Office hours are from 8:30 a.m. until 4:30 p.m., Monday through Friday, excluding holidays. We are located in the Broadway Executive Office Park one-half block west of the Broadway Extension on Northwest 63rd  -  our address is 6600 North Harvey Place, Oklahoma City, OK  73116.   Requests can also be faxed or mailed and will be returned in the manner received. You may also obtain a name-based record check at chirp.osbi.ok.gov.  CHIRP is our online system that allows you to request a name-based criminal history record check electronically from anywhere.

That is up to each person or company that checks your criminal history.  The OSBI cannot tell anyone what will happen due to their having a record.

The OSBI cannot advise anyone about whether a specific incident will appear on their criminal record.  The best course of action is to request a copy of your criminal history so that you can see exactly what is on it. 

Court Forms (7)

Terry Stine, Accounting

800-522-8017 ext 2653

or 405-879-2653

[email protected]

Please feel free to contact us with any questions you might have. 

Thank you for your collection efforts in support of law enforcement activities.  

Category:

The list of civil filing fees allows Court Clerks to charge and retain an Additional Administrative fee of 10% above OSBI's portion to help cover the costs of collecting and apportioning the fees. This is in addition to any court costs directly assessed to the offender.

Category:

On-Line Fees:  Enter actual amount collected into the fee entry line in the subtotal field.  Paper forms:  Partial fee collections should be reported as a decimal.  The amount paid is divided by the fee amount to arrive at the number to report using three places to the right of the decimal point; for example:  Total Forensic Fees amount collected = $611.23 divided by $5 for each fee = 122.246 fees

Category:

  A.  On-Line Entry can be accessed in the Court Fee Reporting page.  

 B. Paper Forms:  After completing the on-line form, print it out and forward it along with remittance to OSBI to the address indicated at the bottom of the form.  

Do not send in-house report forms unless they are formatted with the detail information required.

AFIS, Forensic, Laboratory and DNA fees may be combined in one check.  Do not include ODIS fees with Assessment fee payments.

  Please make sure to complete all contact information. Indicate the month reported. Please do not staple checks to the forms.

  OSBI collects AFIS, Forensic and Laboratory Analysis & DNA fees.  Penalty Assessment Fees are collected by CLEET.  Link to CLEET website: http://www.cleet.state.ok.us/

Category:

Monthly reporting is required for AFIS and Forensic fees by both Municipal and County Courts even if there was no activity for the period.   Fees are due by the 15th of the following month.

Monthly reporting is required for Laboratory and DNA fees for all County Courts.  Municipal Courts report the activity only if fees were collected within reporting month.

Category:

General (10)

We must charge a $15.00 processing fee for each person searched; the fee is set by state statute and cannot be waived or reduced. Acceptable methods of payment include cash (with in-person requests only), money orders, Visa, Mastercard, Discover, cashier's checks, certified checks, government checks or warrants, and business checks imprinted with the company name and address and made payable to the OSBI. Personal checks are NOT accepted.

Category:

In-person service for a single record check usually requires a wait of ten to fifteen minutes; as a general rule, multiple requests left at the customer window are completed on the same day or by the following day. Regular mail requests are processed and returned in one to three weeks from the date they are received. We try to provide same day or next day service for priority mail or overnight express requests submitted with prepaid returns. If requests by mail are not received within thirty to forty five days, please contact the Criminal History Reporting Unit at (405) 848-6724. Faxed credit card requests are generally processed within 72 hours of their receipt and require the customer to provide a dedicated fax line number for the return results.

Category:

Alaska, Alabama, Arkansas, Arizona, Colorado, Florida, Idaho, Indiana, Kentucky, Michigan, Missouri, Montana, New Mexico, North Carolina, North Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Wyoming. Please note, this is only for reference. If you are traveling, be sure to check with law enforcement in the states you plan to visit to ensure validity of the Oklahoma Concealed Carry License

Category:

The hearing will move along in orderly segments. First, the Hearing Examiner will listen to opening arguments; then, the presentation of exhibits and testimony from both sides will take place. You will have the same opportunity as the OSBI to cross-examine any witnesses that the opposite side presents and to object to testimony or exhibits. Finally, each side will have the opportunity to offer closing arguments

Category:

Although the hearing is recorded and takes place in a courtroom, it is informal. You may wear casual clothing. You may not bring a weapon into the courtroom or into the building at all. The Hearing Examiner sits where a judge would sit in a regular trial. OSBI is seated at the left table. When your case is called, you should come up to the table on the right side of the room. While other cases are going on, you may have a seat in the back of the courtroom and observe. You may remain seated as you give testimony or present exhibits.

Category:

You do not have to do anything. You do not actually have to attend the hearing if you do not desire to attend. The Administrative Hearing is held because you requested it or because the law requires that there be an independent review of the OSBI's decision. The Hearing Examiner's role is to decide whether or not the OSBI had evidence to support its action (license denial, suspension, revocation, or an administrative fine.) The burden of proof is on the OSBI. You do, however, have the opportunity to give opening and closing statements, cross examine any witnesses the OSBI presents, object to any exhibits or testimony, testify yourself and present witnesses and exhibits on your own behalf, if you wish.

Category:

If you want to present any documents as exhibits, you should bring three copies of each one (your copy, one for the Hearing Examiner and one for the OSBI.) If you plan to have anyone testify for you, you should have them accompany you to the hearing.

Category:

No. You may be represented by a lawyer, if you wish, but it is not necessary.

Category:

The federal law is binding on all of the states. Part of the Brady Act lists conditions which prohibit persons from possessing any kind of firearm. Those conditions have been incorporated or tacked onto Oklahoma's law. Any person who has one of the following conditions may not possess a firearm, nor may he or she obtain an Oklahoma weapons license: (1) felons; (2) fugitives from justice (federal, state, or other country); (3) unlawful drug users or persons who are addicted to a controlled substance; (4) persons who have been committed to a mental institution; (5) illegal aliens; (6) persons discharged from the Armed Forces under dishonorable conditions; (7) persons who have been U.S. citizens but have renounced their citizenship; (8) persons who are presently under a domestic restraining order; (9) persons who have been convicted of a misdemeanor crime of domestic violence

Category:

We provide fingerprint-based arrest and/or conviction data for serious misdemeanors and felonies from the State of Oklahoma only. We do not provide criminal history information from other states. A national search of records maintained by the Federal Bureau of Investigation is not available to the general public through this agency or by direct contact with the FBI. We do not provide driving records.

Category: