Her petition argued for expungement because she has no criminal convictions or pending criminal cases and contended she “faces dangers of unwarranted adverse consequences” if the case records are not sealed. She also alleged her privacy interests outweighed the public’s interest in keeping information about her arrest and criminal case public.

However, state law indicates expunged records are not immediately physically destroyed but are rather sealed and stored for at least the next 10 years. The Tulsa County District Attorney’s Office, Tulsa Police Department, OSBI or any other interested person or agency can petition the court during that timespan for an order asking to unseal Shelby’s case record, which would subsequently be set for hearing.

If the judge at that time determines conditions have changed or that there is a compelling reason to do so, he or she can order all or part of the record unsealed. The record may be obliterated or destroyed at the end of the 10-year period if it is not unsealed before then, according to state statute.