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KOLASKI v. STATE

Nos. 107,451, 107,669. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

253 P.3d 1007 (2011)

2011 OK CIV APP 61

Gerard W. KOLASKI, Plaintiff/Appellant, v. STATE of Oklahoma, Defendant/Appellee.

Court of Civil Appeals of Oklahoma, Division No. 3.

April 15, 2011.

Attorney(s) appearing for the Case

Scott M. Anderson , Oklahoma City, Oklahoma, for Plaintiff/Appellant.

David A. Cincotta , Assistant District Attorney, Oklahoma City, Oklahoma, and Sunne Riedel Day , Assistant General Counsel, O.S.B.I., Oklahoma City, Oklahoma, and Tina A. Hughes , Assistant Municipal Counselor, Amanda Carpenter , Assistant Municipal Counselor, Oklahoma City, Oklahoma, for Defendant/Appellee.

BAY MITCHELL, Presiding Judge.

¶ 1 Appellant, Gerard W. Kolaski (Kolaski), appeals the trial court's denial of his Motion for Expungement of his arrest record for the felony crime of Sexual Abuse of a Child.1 The trial court ruled that Kolaski was not eligible for an expungement because the criminal charges were not dismissed "on the merits."

¶ 2 The material facts are undisputed. Kolaski, a Lieutenant Colonel in the...

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