Per Oklahoma Open Records Act (51 OK Stat § 51-24A.1-28), all warrants maintained by any law enforcement agencies in the state are open to the public for inspection and copying. However, sealed or expunged Oklahoma criminal records, including the warrant issued for the crime committed, are confidential. Additionally, records of warrants issued for an offense where the defendant is declared not guilty are usually destroyed. Information received by law enforcement agencies regarding someone with a warrant is considered strictly confidential.
An outstanding warrant (especially in the case of fugitives) will typically be listed on the wanted page of the website of state or local law enforcement agencies.
In Oklahoma, a warrant is an official document that authorizes officers of the law to perform some acts that are ordinarily illegal and may violate the rights of a person. The right to issue warrants lies with judicial officers, such as Judges and Magistrates, who may issue warrants for several reasons, such as conducting searches, executing judgments, or making arrests. Under the Oklahoma Court System, different kinds of warrants serve various purposes. The popular types of warrants in Oklahoma are bench, arrest, and search warrants.
Judges or Magistrates must determine if there are probable causes before issuing warrants. Probable cause is the legal standard of proof that shows that a person suspected of committing a crime may have done it. Legal officers may show probable cause by making statements on oath or providing witness testimony. Without probable cause, a warrant application is dead on arrival.
An Oklahoma warrant typically features the personal data and description of the wanted person including their middle, last and first name as well as their height, weight, and eye color.
An individual who has a warrant in Oklahoma is a fugitive from justice. Such a person may be unable to drive, carry firearms, or carry out some other basic human activities. Any encounter with law enforcement may lead to an arrest and possible detention, depending on the nature of the warrant. The only way to know for sure is to carry out an Oklahoma warrant search. Interested persons may conduct an Oklahoma Warrant Search through the following means:
A person carrying out a warrant search in Oklahoma may start with the Oklahoma State Bureau of Investigations. Under the Oklahoma Open Records Act, the State Bureau of Investigations is responsible for providing criminal history information to interested persons. Typically, criminal history information includes warrants. To conduct a criminal history background check, fill out a Criminal History Request Form and submit the request by mail, fax, or in person. Send a fax request to (405) 879-2503. Submit in-person and mail-in requests at:
Oklahoma State Bureau of Investigation
6600 N. Harvey
Oklahoma City, OK 73116
All mail-in requests must also come with a postage-paid envelope. The Bureau of Investigations only accepts cash, credit cards, money order, or cashier’s check. Also, individuals may check through the list of outstanding warrants for wanted persons, available on the Bureau website.
Another way to carry out a Warrant Search in Oklahoma is to go through the court system. The Office of the Clerk keeps official court records, including warrants. The court dockets database of the courts in Oklahoma is also a good source of verifiable information for persons looking for criminal record information.
For general warrant inquiries, the local Sheriff's office is a good place to find information. Most law enforcement agencies, such as Creek County and Oklahoma County Sheriff's offices, provide a list of wanted persons on their websites. The Oklahoma Department of Corrections also makes a statewide list of wanted persons available to the public. These are often inmates who have escaped from correctional facilities in the state.
Interested persons may also carry out a warrant search in Oklahoma through third-party sites. These third-party sites publish different public records, including warrants from various record databases. Most provide up-to-date information and charge a fee for this service.
Records of warrants issued or executed in various jurisdictions are also maintained and by third-party websites. While third-party sites make accessing these records substantially easier, the information available on the sites may vary since they are not government run sources. To obtain warrant records from a third-party site, the requesting party may be required to provide:
Once a judge or magistrate issues a warrant, it remains active until the suspect resolves it or the judge or magistrate quashes it. Depending on the kind of charge, the warrant may get stale after a while, especially where the case it relates to gets caught up by a statute of limitation. For warrants issued over felony matters, it may never expire. It does not mean that law enforcement agencies are actively searching for the fugitive. When a judge or magistrate issues a warrant, it is entered into the National Crime Information Center (NCIC) database.
Law enforcement officers may search for outstanding warrants on the persons they stop through the database during routine stops. A positive result confirmed by the agency that submitted the warrant may lead to an arrest. So, any person that suspects that they may have a warrant needs to confirm it and hire an attorney. It is better to handle it on time than to have the authorities come looking. In most cases, a criminal defense attorney may get the warrant dismissed by applying to the court.
How long it takes to obtain a warrant in Oklahoma depends on how quickly a law enforcement officer gets to a judge and convinces them that a warrant is necessary. This can take hours, but if the matter is an emergency, it can take a few minutes.
A search warrant is an order signed by a judge or magistrate that allows law enforcement officers to search a named location for certain objects. Under Title 21 of the Oklahoma Statutes, the reason for issuing a search warrant is to search for and seize any item that shows that a person has violated the law. A judge may issue a search warrant where the District Attorney makes a written application supported by the affidavit of a credible person. The affidavit must contain the following information:
Under Section 1225 of Title 22 of the Oklahoma Statutes, if there is sufficient probable cause, a judicial officer may issue a search warrant to a peace officer, allowing a search of the named premises.
Under Section 1231 of Title 22 of the Oklahoma Statutes, law enforcement officers must execute a search warrant within ten days. When not executed and the time limit expires, such a warrant becomes void. Other circumstances that can make a search warrant invalid are:
If a person or their attorney can show that a search warrant was not properly granted, the court may throw out any evidence obtained using the search warrant. It may also lead to the dropping of the charges. Under Section 1239 of Title 22 of the Oklahoma Statutes, an officer that procures a search warrant with malice and with no probable cause is guilty of a misdemeanor. In executing a search warrant, Section 1240 of Title 22 of the Oklahoma Statutes provides that an officer that exercises it with unnecessary severity is also guilty of a misdemeanor. According to Section 1264, anyone who makes a false affidavit is guilty of a felony of perjury, which attracts a minimum sentence of two years in prison.
Inquirers can find active warrants online or in person at County Sheriff's Offices in Oklahoma. For example, the Oklahoma County Sheriff’s Office (OCSO) has a Warrant Search tool that can be used to find active warrant information in the county. To locate the tool, click “Lookup” under the “Divisions & Services section. Click on “Warrant Search” from the dropdown menu. The search criteria is by name (last and first name). The name search results typically reveal the full name of the person with the warrant, date of birth, case number, bond amount, warrant issued date, and charges. Alternatively, requesters can visit the Sheriff's office during business hours to request an active warrant search. A name or date of birth must be provided to facilitate the search. The Office is located at:
Oklahoma County Sheriff's Office
2101 NE 36th St
Oklahoma City, OK 73111
Phone: (405) 713-1000
A free warrant search can be done online or in person at County Sheriff's Offices in Oklahoma. For example, the Tulsa County Sheriff’s Office has a “Check Warrants" tool on its website that can be used to find warrant information at no cost. A search can be conducted by first name, last name, date of birth, or sex. After a search is submitted, a list of warrants related to the search will be displayed on the screen. Requesters should review the list to find the specific warrant they seek. Also, requesters can visit the Sheriff's office to view warrants for free. A name and birth date will be required to complete the search. The office is located at:
Tulsa County Sheriff’s Office
303 W 1st Street
Tulsa, OK 74103
Phone: (918) 596-5600
An arrest warrant is an official order from a judge or magistrate that allows law enforcement officers to arrest the person(s) named in the warrant. Title 22 of the Oklahoma Statutes is the criminal procedure regulation of Oklahoma State, and it lays down the procedures for the issue of an arrest warrant. Under Section 171, an officer seeking an arrest warrant must first make a complaint on oath before a judge or magistrate. It may be a written affidavit showing probable cause or a witness testimony. If the court is satisfied with the information, it may issue a warrant of arrest.
Section 172 provides that an arrest warrant must be in the form of a written directive for the detention of the person named in the warrant. It must also contain the following details:
Arrest warrants in Oklahoma are served in any county in the state, and by any officer, it is directed to. The only exception is where the warrant is for the violation of city ordinances. Under Section 182, the time of making an arrest depends on the kind of offense in question. If it is a misdemeanor, the arrest must occur between 6 am and 10 pm, while arrests in felony cases may occur at any time of the day or night.
The Deadbeat Parents Punishment Act (DDPA) of 1998, which amended the Child Support Recovery Act (CSRA) of 1992, made it a federal offense if a non-custodial parent fails to pay child support and tries to evade payment by moving to another state. In Oklahoma, where a non-custodial parent fails to pay child support, the custodial parent may file a motion to make the other parent appear in court. If the non-custodial parent fails to show up, the judge or magistrate may issue a Child Support Arrest Warrant for contempt of court. It may lead to a jail sentence, often set at 30 to 90 days, to make the defaulting parent pay up. Where the non-custodial parent is delinquent in payments, the court may treat the contempt of court as a misdemeanor or felony, which may attract a prison sentence of up to four years and a $5000 fine.
Non-payment of child support fees may also lead to the suspension of a person’s driver’s or professional license. The Oklahoma Department of Human Services handles all child support-related matters. Individuals may access the Child Support Most Wanted List on the department’s website. The Most Wanted Program seeks public help with locating delinquent non-custodial parents by publishing relevant information about such persons, like the name, photograph, address, and amount of arrears that the person owes. Individuals who have any information on such persons may fill out lead forms to help the authorities.
A bench warrant is a type of warrant issued by a judge or magistrate on a person that fails to appear in court in a civil or criminal matter. It has the same effect as any other warrant. Hence, law enforcement may arrest the person at any given time, like at a traffic stop. Pursuant to Title 22 of the Oklahoma Statutes, a bench warrant must contain the following:
Like an arrest warrant, law enforcement officers can serve a bench warrant in any county in Oklahoma.
A person summoned to appear in court on a certain date must do so or face serious consequences for the crime of Failure to Appear. The judge or magistrate may issue a warrant for law enforcement officers to bring such a person before the court. Under Title 22 of the Oklahoma Statutes, Failure to Appear may lead to forfeiture of cash bail deposited by the defendant. The court may also forward the person’s driver’s license to the Department of Public Safety to suspend it. Also, the court may issue a bench warrant for the arrest of the named individual.
Persons who missed court appearances are advised to contact their attorneys. A qualified attorney will know how to deal with the situation head-on. Such a person may also surrender to law enforcement or appear before the court on their own to avoid an arrest by the officials.
Missing court dates in Oklahoma may attract criminal charges. If a person fails to appear in court, Section 1335 of Title 59 of the Oklahoma Statutes provides that such a person is guilty of a felony if they fail to surrender within 30 days. It attracts a maximum fine of $5000 or a maximum imprisonment term of two years, or both. Failing to appear in court after posting a bond may lead to the forfeiture of the original bond or an increase in bond amount if the person is allowed to post bond again. The court may also order for the suspension of the person’s driver's license.
If a person misses their court date, it is advisable to enlist the services of an attorney because if law enforcement picks up the person over the warrant, it may be too late. An attorney will provide a proactive solution to the problem and help the person avoid a felony charge or bond forfeiture. Also, an attorney may help get the warrant recalled.
Going to court for a criminal, civil, or minor traffic matter may lead to fines or fees for a person to pay. Failure to pay is an offense that results from the inability of a person to pay such fees. A judge or magistrate may issue a bench warrant against such a person, requiring them to return to court. If a person fails to go to court, law enforcement officers may arrest the person. Once before a judge, the person will have to explain the reason for not paying court fees or fines. The judge or magistrate may then order the person to pay that day or get on a payment plan.
Under Title 22 of the Oklahoma Statutes, failure to pay fines and costs may attract a prison sentence, as the judge or magistrate may convert the fine into jail time. However, affected persons may request an extension for inability to pay. The court has the discretion to accept or reject such an application. In some circumstances, the person may have to participate in community service in lieu of paying the fine.
A no-Knock warrant is a type of warrant that allows law enforcement officers to enter a property without knocking first. It is the opposite of a knock-and-announce rule that warrants law enforcement officers to identify before entry. A no-knock warrant arises where announcing entry would compromise safety or cause the suspect to destroy the property sought. A judge or magistrate has the discretion to decide if a situation is urgent enough to necessitate the issue of a no-knock warrant.
Most federal law enforcement agencies allow the public and eligible individuals to perform warrant searches on their websites. For example, the Federal Bureau of Investigation (FBI) has a “Most Wanted” list where individuals can find warrant information on fugitives. The list can be filtered by year, title, description, or category. The search result typically reveals a video and audio description of the fugitive and a downloadable poster of the fugitive’s warrant information. Similarly, an eligible individual can use the Warrant Information System in the U.S. Marshals Service provides to conduct a federal warrant search.
Oklahoma Motor Vehicle Commission (OMVC) issues driver’s licenses and maintains public records relating to occupational licenses, driver licenses, and vehicle registration. They really do not bother themselves about checking warrant information. However, the OMVC will be notified by the Oklahoma Courts if a driver has traffic-related warrants. Upon notification, the OMVC might suspend the person’s license until the warrant is resolved.