Buechler v. State

BAY MITCHELL, Vice-Chief Judge.

¶ 1 Appellant, Jeff Buechler, appeals the trial court’s denial of his petition to seal and/or expunge his arrest record. In view of the decision in Knight v. State, 2002 OK CR 19, 46 P.3d 158, the trial court ruled Bue-chler’s petition for expungement barred by res judicata. We disagree. We find Bue-chler’s allegations and evidence of a change of circumstances since the denial of his first expungement petition sufficient to make a prima facie showing of harm and shift the burden of production to the State. We reverse and remand with directions to the trial court…