In Oklahoma, a DUI arrest will be recorded in three separate public records; your arrest record, driving record, and court records. If you fail to fight the charge, plead guilty to the offense, or accept a plea bargain, these records will stay and remain visible to the public. However, fighting the charge by hiring an experienced DUI defense attorney may clear these records, seal them, or help you have them expunged.
A DUI on your Driving Record
Following an arrest on suspicion of driving under the influence, your driver’s license will be seized and reported to the Oklahoma Department of Public Safety. To remove this DUI record, you have a 30-day period from the date of your arrest to request an administrative license hearing. Failure to formally request a hearing within this time will lead to a forfeiture of your appeal chance. It will also mean automatic suspension of your license for no less than six months. This DUI-related license forfeiture will remain on your driving record for a minimum of three years.
The Oklahoma Department of Public Safety, DPS, has a diversion program called IDAP that allows driver’s the opportunity avoid the lengthy suspension process, if you are admitted into the program and complete it successfully.
A DUI on your Court and Arrest Record
Having a DUI on your court and arrest records can be bad for you in many ways. For example, you may face a higher insurance rate, denied job opportunities, and unanswered college applications. You can, however, seal these records. In Oklahoma, there are two types of expungements to consider; Section 991(c) expungement and Section 18 expungement for your DUI.
A section 991 (c) expungement seals your court records and prevents the public from accessing them. However, you must have completed a deferred sentence to qualify for this type of expungement. This type of expungement isn’t comprehensive as it won’t seal your records at the Oklahoma State Bureau of Investigation (OSBI) or other law enforcement agencies. Additionally, the record of your case being dismissed may still be visible in some circumstances, as opposed to being completely removed from public view.
A section 18 expungement is comprehensive, i.e. the best option for your DUI expungement. It seals and clears all charges from your arrest record with OSBI, local law enforcement, the courts, and any other records. Individuals who wish to pursue this type of expungement are required to file a lawsuit or civil action in the jurisdiction where the DUI offense occurred and notify every agency involved in their case. Once the interested parties are notified, a contested hearing or agreed order must be presented to the Court in order to obtain an order expunging your DUI records.
Are There Other Records?
Yes! One record that may not be sealed after an expungement is the record kept by the Department of Public Safety. This isn’t a public record; however, it details arrests for DUI or APC cases. The details are entered into a master driving index, which records all actions relating to individual driving privileges. While this record isn’t available to the public, law enforcement agencies and the District Attorney’s office can see it. This information can be used against you in subsequent criminal cases.
Your Next Steps
Navigating the criminal justice system can be a hassle. Having an experienced DUI attorney in your corner can simplify the complicated process. Cannon & Associates offers legal assistance in DUI defense and expungement cases. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for answers to your questions and for assistance on a way forward.