If you’re convicted of a DUI, it can affect many areas of your life, from your employment opportunities to your ability to drive legally. At Cannon & Associates in Oklahoma City, OK, one of the most common concerns expressed by our clients facing a DUI charge is how long it will remain on their record. As any DUI attorney will tell you, the answer depends on a number of factors.

How Long Does a DUI Stay on Your Record in Oklahoma?

In Oklahoma, a DUI conviction is a criminal offense, and as such, it will appear on your criminal record. The length of time a DUI remains on your record depends on several factors, including the nature of the conviction and whether you seek to have the record expunged.

Criminal Record

First Offense

A first-time DUI or aggravated DUI conviction is typically counted as a misdemeanor in Oklahoma. However, it remains on your criminal record indefinitely unless you take legal steps to have it removed.

Subsequent Offenses

If you have multiple DUI convictions, especially within a short period, the offense can be elevated to a felony. Felony DUI convictions are much more serious and can carry heavier penalties, including longer jail time and higher fines. Like misdemeanors, felony DUI convictions also remain on your record indefinitely.

Driving Record

In addition to a criminal record, a DUI conviction will also affect your driving record. This is a record maintained by the Oklahoma Department of Public Safety (DPS). The duration a DUI remains on your driving record is important because it can impact things like your insurance rates, your employment opportunities, and your ability to hold a driver’s license.

A DUI conviction will stay on your Oklahoma driving record for 10 years from the date of conviction. During this period, any additional DUI offenses will be considered when determining penalties for subsequent offenses. For instance, a second DUI offense within 10 years of the first may result in more severe penalties because it is treated as a repeat offense.

Impact on Insurance

Having a DUI on your driving record can lead to significantly higher auto insurance rates. Most insurance companies view DUI offenders as high-risk drivers, which means you may be subject to higher premiums for as long as the DUI remains on your driving record. In Oklahoma, this means increased insurance costs for at least 10 years following your DUI conviction.

Impact on Employment

Some jobs require you to have a “clean” driving license, meaning one with no accidents, violations, suspensions, or infractions. If you have a DUI conviction on your driving record, there is a very good chance that you will not qualify for these jobs. Unlike a criminal record, which is public knowledge, your driving record is only available to certain entities, such as the government and insurance underwriters.

Expunging a DUI from Your Criminal Record

Oklahoma law does allow a DUI to be expunged from your criminal record under certain conditions. Expungement is the legal process of removing a conviction from your record, making it as if the conviction never occurred in the eyes of the law. However, expunging a DUI is not an automatic process and requires you to meet specific criteria set by the state.

Eligibility for Expungement

To be eligible to expunge a DUI from your record depends on several factors, including:

  • The nature of the DUI offense (whether it is a misdemeanor or a felony)
  • The time that has passed since the conviction
  • Whether you have any other criminal convictions on your record
  • Whether you have completed all terms of your sentence, including probation, fines, and any treatment programs required by the court

In general, misdemeanor DUI convictions can be expunged from your record after a waiting period of at least five years if you meet certain requirements, such as having no other criminal charges during that period. Felony DUI convictions are more difficult to expunge and typically require a longer waiting period—usually 10 years or more—after the completion of your sentence.

Types of Expungement

Oklahoma law provides for two types of expungement that may apply to DUI cases. A Section 18 expungement is a full expungement of your criminal record, meaning the DUI conviction is removed from all public and private records. To qualify for a Section 18 expungement, you must meet some very strict, criteria, including that enough time has passed since the conviction and that you have not been convicted of any other crimes.

A Section 991(c) expungement applies when the court grants a deferred sentence for your DUI charge. You are not considered to be convicted of a crime until you are sentenced. This means that as long as you complete the terms of your probation, you will not have a conviction on your record, as the charges will be dismissed. The record of the DUI arrest remains on your record, but it will show that the case was dismissed.

The Expungement Process 

To expunge a DUI from your criminal record in Oklahoma, you must file a petition with the court. This legal process involves submitting paperwork, attending a court hearing, and presenting your case to a judge. If the judge determines that you meet the requirements for expungement, the court will issue an order to seal the record.

It’s important to note that expungement only affects your criminal record, not your driving record. Even if you successfully expunge a DUI from your criminal record, the DUI conviction will still remain on your driving record for 10 years.

Long-Term Consequences of a DUI Conviction

A DUI conviction in Oklahoma can have long-lasting consequences beyond the immediate legal penalties of fines, license suspension, and potential jail time. Here are some ways a DUI can continue to affect you while it remains on your record:

Employment

A DUI on your criminal record can make it difficult to find or retain employment, especially in jobs that require a clean driving record or involve driving as part of the job. Employers in Oklahoma have access to your criminal record, and a DUI conviction can be seen as a red flag by prospective employers.

Professional Licensing

Many professions require background checks and clean records for licensure. A DUI conviction may impact your ability to obtain or renew licenses in fields like healthcare, law, or commercial driving.

Get in Touch With a DUI Attorney in Oklahoma City

The best way to avoid the long-term consequences of a DUI conviction is to avoid driving under the influence altogether. However, if you are currently facing a DUI charge or looking to get one expunged from your record, the best thing to do is to seek legal assistance from an experienced DUI lawyer. We will fight to give you all the help and protection afforded you by the law.

While a DUI remains on your driving record for 10 years, it can stay on your criminal record indefinitely unless you qualify for and pursue expungement. Whether through expungement or proactive legal defense, it is possible to mitigate the likelihood of negative consequences and move forward with a clean record over time. Contact us today at Cannon & Associates in Oklahoma City, OK, so we can get started on your case.