Oklahoma

Oklahoma

Final grade: A-

Exclusion Grade

A-

Relevance Grade

A-

Due Process Grade

B

Strengths

  • Repealed multiple good moral character requirements for its licenses, though it did not enact an overarching ban.
  • Created a petition process for applicants with criminal records.

Areas of Improvement

  • Impose a time limit for considering old convictions.
  • Enact an overarching ban on blanket bans.

A 2019 reform strengthened Oklahoma’s licensing laws for people with criminal records. However, a mediocre Due Process grade and a weak Exclusion score lower the state’s final grade to a C.

Rather confusingly, Oklahoma defines its “substantially related” standard as “the nature of the criminal conduct, for which the person was convicted” that has “a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related.” As the law was enacted in 2019, there has yet to be caselaw to elaborate on the “direct bearing” aspect. For the purposes of this report, Oklahoma will be graded as having a “substantially related” standard.

Statute: Okla. Stat. tit. 59, § 4000.1 (2019)

Exclusion
Overarching ban on blanket bans Yes, but excludes education
Ban on considering arrest records Yes
Ban on considering post-conviction relief records Yes, sealed records
Time limit No limit
Ban on vague, discretionary character standards Yes
Relevance
Relationship between the crime and the license sought "Substantially relate"
Required factors for consideration
Rehabilitation Yes
Time elapsed since crime was committed Yes
Age when crime was committed Yes
Employment History No
Testimonials Yes
Due Process
Petition Process Yes
Burden of Proof Both unspecified
Right to appeal Yes
Written notice requirement Yes