Holder v. State, 104,974.

• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Civil Appeals of Oklahoma
• Writing for the Court: Jerry L. Goodman
• Citation: 219 P.3d 562,2009 OK CIV APP 1
• Parties: In the Matter of the Expungement of the Record of Rodney D. HOLDER, Petitioner/Appellant, v. STATE of Oklahoma, Respondent/Appellee.
• Docket Number: No. 104,974.,104,974.
• Decision Date: 03 December 2008

219 P.3d 562 2009 OK CIV APP 1 In the Matter of the Expungement of the Record of Rodney D. HOLDER, Petitioner/Appellant,
v.
STATE of Oklahoma, Respondent/Appellee. No. 104,974. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2. Court of Civil Appeals of Oklahoma, Division No. 2. December 3, 2008.

[219 P.3d 563]

Appeal from the District Court of Cleveland County, Oklahoma; Honorable William C. Hetherington, Jr., Trial Judge.

AFFIRMED.

Doug Friesen, The Law Offices of Doug Friesen, P.C., Oklahoma City, OK, for Appellant.

Jimmy Bunn, Jr., Oklahoma State Bureau of Investigations, Oklahoma City, OK, for Appellee.

Greg Mashburn, District Attorney, David J. Batton, Assistant District Attorney, Norman, OK, for Appellee.

JERRY L. GOODMAN, Presiding Judge.

¶ 1 Rodney D. Holder (Holder) appeals the trial court's August 22, 2007, order denying his motion to expunge his records of criminal case No. CRF-86-72. This is a companion appeal to Appeal Nos. 104,975, 104,976, and 105,019, which this Court also decides this date.¹

219 P.3d 564

FACTS

¶ 2 The record reveals Holder was convicted of the following crimes: burglary of an automobile—February 14, 1986 (CRF-86-72); unlawful delivery of marijuana—July 18, 1986 (CRF-86-700); indecent exposure—July 18, 1986 (CRF-86-717); and possession of controlled dangerous substance (CDS) with intent to distribute, possession of marijuana, and maintaining a vehicle in which CDS was kept—June 17, 1991 (CRF-91-398). On December 19, 2006, Governor Brad Henry pardoned Holder for these offenses. The pardon provides that Holder received a "full pardon to restore unto him all of the rights of citizenship."

¶ 3 On June 25, 2007, Holder filed a motion pursuant to 22 O.S.2001 and Supp.2004, § 18 seeking an order requiring all agencies to expunge from his records the convictions from which he was pardoned. A separate motion was filed for each conviction. Oklahoma State Bureau of Investigations (OSBI) objected to each motion, asserting Holder did not qualify for expungement under Oklahoma law because he had been convicted of more than one (1) offense. The present appeal, No. 104,974, involves case No. CRF-86-72. After a hearing, the trial court denied Holder's motion by order filed on August 22, 2007. Holder appeals.

STANDARD OF REVIEW

¶ 4 The question presented on appeal is one of law, which we review de novo. An appellate court has plenary, independent and non-deferential authority to reexamine a trial court's legal rulings. K & H Well Serv., Inc. v. Tcina, Inc., 2002 OK 62, ¶ 9, 51 P.3d 1219, 1223. The instant case is one of statutory construction. It is well established that where the language of a statute is clear and unambiguous, there is no room for judicial construction and the courts must give the statute its plain and definite meaning. Sysco Food Serv. of Oklahoma LLC v. Cunningham 2007 OK CIV APP 52, ¶ 10, 162 P.3d 973, 974.

ANALYSIS

¶ 5 An individual's right to seek expungement of criminal records is governed by statute. Title 22 O.S.2001 and Supp.2004, § 18 provides for expungement of criminal records under certain circumstances. When an individual establishes that one of the § 18 "circumstances is shown to exist, a prima facie showing of harm is made." State of Oklahoma v. McMahon, 1998 OK CIV APP 103, ¶ 4, 959 P.2d 607, 608; see also Hoover v. State, 2001 OK CR 16, ¶ 6, 29 P.3d 591, 594 (...