Butler v. Jones

Petitioner-Appellee, Jerry Butler pled guilty to two counts of "Sexual Abuse of a Minor Child" and received two five-year deferred sentences which ran consecutively. Sometime thereafter, Butler began registration under the Sex Offenders Registration Act. The district court in Sequoyah County issued an order expunging Butler's plea from the record, deleting all references to his name from the docket sheet, deleting the public index of the filing of the charge, and providing no information concerning the file shall (unless ordered by the court). Butler filed a Petition for Injunction to permanently enjoin the Respondent-Appellant, Justin Jones ex rel., State of Oklahoma ex rel., Oklahoma Department of Corrections from requiring him to continue registering under SORA. He argued requiring him to register violated his rights to equal protection of the laws and to due process of law. The Department filed a Motion to Dismiss alleging Butler's deferred sentences and expungement were unlawful. The district court granted a permanent injunction against the Department, finding Butler's case presented an unusual and narrow circumstance and he was indeed denied equal protection of the law. The Supreme Court disagreed with the district court and reversed and remanded its decision for further proceedings. View "Butler v. Jones" on Justia Law