2/2/2018 - OKC, OK -- An Oklahoma City man, who pleaded guilty to soliciting prostitution less than two months ago, is already requesting the courts to expunge and seal his police and court record under new Oklahoma laws regarding expungement.
Changes to Oklahoma's laws regarding the expungement of criminal records mean that arrested prostitutes, their customers (aka, 'Johns') and even pimps can simply plead guilty and then literally have their criminal arrest and conviction deleted from public records days later - and, it's not only legal, but Oklahoma County District Attorney David Prater's office is helping to facilitate it!
Last month JohnTV reported on 25-year-old Hugh Owings Spector, who was arrested and subsequently pleaded guilty to soliciting prostitution. JohnTV first reported on Spector back in July of 2016.
According to court records, on July 6, 2016 Spector was cruising for some commercial company on Backpage.com when he responded to an ad for prostitution.
Unfortunately for Spector, that ad was placed and monitored by members of the Oklahoma City Police Department's Vice Unit.
When Spector showed up to a Motel 6 on S. Meridian Ave. he was placed under arrested after agreeing to pay the undercover female officer $120 for sex.
On July 26, 2016 Spector was formally charged in Oklahoma County with one count of misdemeanor offering to engage in prostitution.
On Oct. 17, 2017 an arrest warrant was issued for Spector after he failed to appear at one of his scheduled court dates.
On Nov. 30. 2017 Spector formally pleaded guilty to the prostitution charge and was ordered to pay a $300 fine, misc. fees and court costs. What Spector wasn't sentenced to was a deferred or suspended sentence with a probationary period. Spector's plea and sentencing was apparently approved by Oklahoma County District Attorney David Prater's office and assistant district attorney Meagan Shelton.
In the past, no 'John' ever pleaded guilty without the assurance of a deferred sentence. Why? Because technically a deferred sentence is not a conviction and can be expunged after a probationary period is successfully completed - usually a year or so. However, deferred sentences often came with hefty fines, monthly probation fees and some requirements - like don't get into anymore trouble. Previously under Oklahoma law, a misdemeanor conviction required the defendant to wait 10-years before qualifying for an expungement.
Under Oklahoma's relatively new law, as long as the defendant is only convicted of a misdemeanor and is sentenced to (and already paid) a fine of less than $501, given no probation, has no prior felonies and has no current felony or misdemeanor charges, then they are eligible for an expungement and sealing of their record in that case literally as soon as the case concludes.
In this case, less than two-months after Spector pleaded guilty to soliciting prostitution he can have his record wiped clean. In reality, he could have had his record expunged within days of his conviction. JohnTV speculates Spector needed additional time to pay his fines, court costs and round up some money to pay his lawyer for filing the expungement.
Spector's attorney claims that "the harm to [Spector's] privacy and/or dangers of unwarranted adverse consequences upon [Spector] outweigh the public's interest in retaining the records and, as such, the court should expunge [Spector's] record in full and seal the same pursuant to Title 22 18-19 of the Oklahoma Statues." Spector's attorney is seeking to delete all police records (the complaint and investigation), arrest information, bond information, citation information, charging information, disposition and criminal records in both the misdemeanor case and the certificate of probable cause case as listed on the OSCN website.
Spector's attorney concludes his petition for expungement with "[Spector] requests that this court issue an order mandating that the subject official action (arrest and conviction) shall be deemed never to have occurred and that [Spector] and all criminal justice agencies may properly reply upon any inquiry in the matter that no such action ever occurred and that no such record exists with respect to [Spector]."
You can read the actual petition for expungement and sealing of records at the bottom of this article.
This same path to circumventing the public's right to know and the criminal justice system's obligation to punish and dissuade can and will be replicated by most every prostitute, 'John' and even pimp that is arrested going forward.
Because of this, JohnTV is today implementing a new policy of capturing each and every record regarding the arrest and prosecution of every prostitution offender in Oklahoma County. Upon the successful expungement of their record, JohnTV will publish those expunged records to this website where they will remain indefinitely. Those records will include; Police reports, mug shots, probable cause affidavits, criminal court case journal entries (OSCN) and the petition for expungement. JohnTV vows that prostitution offenders will not so easily hide their actions from the public through the utilization of hug-a-thug laws.
- 7/5/2016 | JohnTV | Weekly Arrest Wrap-Up showing Spector's arrest.
- 11/1/2017 | JohnTV | Weekly Arrest Wrap-up showing Spector's arrest for failure to appear.
- 7/12/2016 | JohnTV | 25-year-old music producer/graffiti artist is latest alleged 'John' to be arrested by OKC Vice.
- 1/16/2018 | JohnTV | Wannabe OKC music producer/graffiti artist pleads guilty to soliciting prostitution - New law allows for immediate expungement.
- OSCN | CPC entry filed
- OSCN | Formal Oklahoma County misdemeanor criminal charges.
- OSCN | Spector's petition for expungement and sealing of criminal record.
- OSCN | Current Oklahoma law regarding expungement of criminal records.