Oklahoma earns a D- for its civil forfeiture laws

Standard of Proof

Low bar to forfeit: Prosecutors must prove by preponderance of the evidence that property is connected to a crime.

Innocent Owner Burden

Poor protections for the innocent: Third-party owners must prove their own innocence to recover seized property.

Financial Incentive

Large profit incentive: Up to 100% of forfeiture proceeds go to law enforcement.

  • None.

Recommendations

  • End civil forfeiture
  • Direct all forfeiture proceeds to a non-law enforcement fund
  • Strengthen protections for innocent third-party owners
  • Close the equitable sharing loophole
  • Strengthen transparency and accountability requirements
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What happens after personal property is seized in Oklahoma? 

Under Oklahoma law, the government’s and owners’ deadlines leading to a judicial hearing add up to 225 days, but the wait may be longer as deadlines are not specified for filing the complaint or for the hearing itself. While you wait, the government has your property, and you have no way to seek its return. 

State and Federal Forfeiture Proceeds, 2000–2023

At least $237 million in state and federal forfeiture revenue

Year Oklahoma Forfeiture Revenues Dept. of Justice Equitable Sharing Proceeds Treasury Equitable Sharing Proceeds Total
2000 $4,455,877 $1,384,903 $0 $5,840,780
2001 $5,095,149 $729,415 $0 $5,824,564
2002 $5,034,098 $5,754,965 $8,000 $10,797,063
2003 $8,357,122 $6,418,639 $6,000 $14,781,761
2004 $9,039,476 $5,630,156 $13,000 $14,682,632
2005 $7,864,793 $7,158,850 $142,000 $15,165,643
2006 $7,886,299 $6,569,517 $21,000 $14,476,816
2007 $8,054,586 $6,189,501 $5,000 $14,249,087
2008 $7,906,582 $2,579,483 $63,000 $10,549,065
2009 $5,575,368 $5,173,845 $249,000 $10,998,213
2010 $6,964,132 $2,679,518 $114,000 $9,757,650
2011 $6,247,284 $4,185,955 $739,000 $11,172,239
2012 $4,310,089 $2,649,990 $1,000,000 $7,960,079
2013 $6,580,718 $2,361,790 $155,000 $9,097,508
2014 $5,710,484 $2,305,791 $774,000 $8,790,275
2015 $4,680,244 $1,163,078 $473,000 $6,316,322
2016 $5,312,756 $2,046,368 $68,000 $7,427,124
2017 $7,746,556 $787,187 $1,434,000 $9,967,743
2018 $7,139,947 $1,481,230 $363,000 $8,984,177
2019 $4,780,552 $1,820,964 $164,000 $6,765,516
2020 $5,174,064 $499,605 $1,655,000 $7,328,669
2021 $6,417,437 $329,564 $519,000 $7,266,001
2022 $6,877,542 $1,513,870 $487,000 $8,878,412
2023 $7,382,300 $3,065,392 $410,000 $10,857,692
Totals $154,593,455 $74,479,576 $8,862,000 $237,935,031

Federal Equitable Sharing

Oklahoma does not prevent state and local law enforcement agencies from using the federal equitable sharing program to circumvent state forfeiture law. Since 2000, Oklahoma agencies have generated more than $83 million in equitable sharing proceeds from the departments of Justice and the Treasury. And on average from 2019 to 2023, more than 55 Oklahoma agencies, or an estimated 13% of all law enforcement agencies in the state, were certified for the program.

Forfeitures Under Oklahoma Law: Key Facts

Median Value

UNKNOWN

Oklahoma does not report property-level data necessary to calculate median forfeiture value.

Property Types

UNKNOWN

Oklahoma does not report the types of property forfeited.

Proceeding Types

UNKNOWN

Oklahoma does not report whether forfeitures are processed under civil or criminal forfeiture law.

Outlier Judicial District

From 2019 to 2023, Oklahoma’s Judicial District 1, composed of border counties in the panhandle typically with populations below 5,000, forfeited 13 times as much per resident as the typical judicial district.

Forfeiture Transparency and Accountability Report Card

Tracking Seized Property
D+
Statewide Forfeiture Reports
C
Penalties for Failure to File a Report
F
Accounting for Forfeiture Fund Spending
B
Accessibility of Forfeiture Records
D
Financial Audits of Forfeiture Accounts
F
Data Notes

Forfeiture reports for district attorneys statewide were obtained via public records requests to the state District Attorneys Council. Revenues for 2019–2023 represent proceeds of forfeited currency and property sold received in a fiscal year. Earlier years include court-ordered assessments and other income but otherwise use the same methodology. Equitable sharing data are from DOJ’s and Treasury’s annual forfeiture reports. Due to differences in reporting and accounting practices, figures may not match aggregate numbers produced by the state or cover the same 12-month period as the federal data. The number of certified agencies was computed using the approved Equitable Sharing Agreement and Certification requests submitted by police, sheriff, and other local law enforcement agencies. The percentage of certified agencies was computed using that number and the total number of agencies reported in the 2018 Census of State and Local Law Enforcement Agencies.

Legal Sources

Standard of proof: Preponderance of the evidence.

Okla. Stat. tit. 63, § 2-503(B)–(C).

Innocent owner burden: Owner.

Okla. Stat. tit. 63, § 2-503(A)(4)(b), (A)(7); State ex rel. Campbell v. $18,235, 184 P.3d 1078, 1081 (Okla. 2008).

Financial incentive: Up to 100%.

Okla. Stat. tit. 63, §§ 2-503(F)(2), -506(L), -508.

Process: Okla. Stat. tit. 63, § 2-506 (forfeiture procedure); id. tit. 12, §§ 95(A)(4) (statute of limitations), 2004(I) (service of complaint).