Can I Have My DUI Expunged?
In Oklahoma, driving under the influence of alcohol or drugs is strictly prohibited under criminal law. If an individual is convicted of a DUI offense, they will have a criminal record, which can last for a long time. A criminal record can have severe consequences and can negatively impact the rest of your life. You may face difficulties applying to jobs, getting loans with banks, and applying for public housing, and your record will be looked at when applying to an educational institution.
Luckily, it is possible to get your DUI records expunged in Oklahoma, provided that you can meet certain requirements. The expungement process is often quite complicated and can take a lot of time, which is why we recommend getting help from an experienced DUI lawyer.
At Cannon & Associates, we have over 30 years of experience handling DUI cases, and we have helped many of our clients get their records expunged. Our law firm has seen how having a permanent record can seriously impact your life, and we want to help you start fresh and get a clean record. We offer a free consultation for you to speak with our lawyers about your case with no strings attached.
Call us today to schedule a free case evaluation at 405-591-3935.
What Is DUI Expungement?
As previously noted, when you get are convicted of a criminal offense in Oklahoma, you automatically get a criminal record. This means that when a potential employer, government official, or law enforcement looks at your record, they can see that you have committed a crime.
Expungement is essentially the process of making this record clean. When you meet certain requirements, you are eligible to get your criminal convictions expunged, or cleaned, from your criminal record. This means that all evidence relating to your case, court records, police records, and documents will all be sealed by the court. As a result, when someone conducts a background check, such as an employer or a college, they will be unable to see your previous drunk driving conviction.
Although expungement cleans your record, law enforcement officers or government bodies conducting an investigation may still be able to see your DUI conviction upon official request. It is important to note that your driving record is separate from your criminal record, and a DUI will remain on this record for a period of ten years.
How Are DUI Convictions Expunged?
In Oklahoma, there are two main types of expungement, Section 991 (c) Expungement and Section 18 Expungement. The type of expungement you are entitled to will depend on your particular circumstances and the type of DUI conviction that you have received.
Section 991(c) Expungement
A section 991(c) expungement or a partial expungement seals your criminal record and prevents any members of the public from accessing it, such as employers and educational institutes. However, it does not seal your record completely and it will still be visible to law enforcement agencies, courts, and the Oklahoma State Bureau of Investigation (OSBI). Your drunk driving offense will appear on your record as a criminal case that was dismissed.
This type of expungement only applies to individuals that have received a deferred sentence for their DUI offense, which is essentially a probation period in which the judge holds off on giving a judgment for a certain period of time. This period is typically twelve-eighteen months for a misdemeanor conviction. For a felony DUI, the period is much longer. If you adhere to the DUI probation rules, the court will write on your record that you were found not guilty and your case will be removed from online databases.
Section 18 Expungement
Section 18 expungement is a full expungement of your criminal record for driving under the influence. With a section 18 expungement, your criminal arrest, charge, guilty plea, court proceedings, and anything related to your DUI case will be cleared from the record.
Section 18 DUI expungement cases are the most desirable type of expungement, as the DUI conviction will no longer appear on your criminal record and you can honestly say to a prospective employer or state agency that you do not have any DUI convictions on your record.
Who Can Get a DUI Conviction Expunged?
For a partially expunged conviction, or section 991(c), a person must have completed a deferred sentence to qualify for this type of expungement. Most people then try to get a full expungement of their record, as this almost completely erases the criminal charge. In order to qualify for a full DUI expungement (section 18 expungement), you must meet certain requirements and wait for a specified period of time before filing an expungement petition.
Those who are entitled to file an expungement petition include:
- DUI convictions with a deferred sentence.
- First-time offenders with misdemeanor convictions.
- Misdemeanor convictions with jail time and/or fines.
- Felony DUI conviction with no prior conviction for a felony.
- In some cases, a felony DUI conviction with a prior conviction for a felony, provided the felony conviction was not a violent crime.
How Long Does DUI Expungement Take in Oklahoma?
The waiting period for expungement cases depends mostly on the type of DUI conviction you received and your previous criminal history. In order to qualify for expungement, you must have paid off all court costs and paid the relevant fines. You must also have no previous felony convictions, and the length of time will be increased if you have subsequent convictions. By not paying fines or court costs, you will be unable to get your DUI record expunged.
- Deferred sentence – If you have already received a deferred sentence, you can expunge a DUI conviction completely after one year. You must have no previous felony convictions and no pending misdemeanor or felony charges.
- Misdemeanor – For a misdemeanor with a suspended sentence or jail time, you must wait five years before you can apply for a DUI expungement. If your penalty was a fine of less than $500, you can apply for an expungement as soon as you pay the fines and court fees.
- Felony with a suspended sentence – After five years, you can expunge a felony DUI with a suspended sentence. However, you must not have any prior convictions within the past 7 years, including misdemeanors.
- Felony with jail time – If you were sentenced to time in state prison because of your felony DUI, you can get your conviction expunged 5 years after your sentence is completed.
- Felony with a previous felony conviction – It may be possible to get your DUI record expunged if you have a felony DUI and a previous felony conviction, provided that the previous felony was not for a violent or serious criminal offense, and did not require you to register as a sex offender. You can apply for an expungement in this situation after ten years have passed.
It is important to note that once you have filed the petition for expungement, it can take up to six weeks to be processed by the court. If you are trying to expunge a felony DUI, this process can take even longer. We recommend that you seek professional help when trying to get your DUI record expunged. Call our law firm today to discuss your options with one of our DUI lawyers.
Consequences Of a DUI Conviction
Being convicted of DUI in Oklahoma can have serious consequences. The state takes a tough approach to those who are found driving under the influence due to the number of fatal motor vehicle accidents caused each year by drunk driving. For a first DUI conviction, you may face the following penalties:
- Fees of up to $1,000.
- License-related consequences, such as losing your driving privileges or having an ignition interlock device installed on your steering wheel.
- Jail time of up to one year.
For your second DUI conviction in a ten-year period, you may face the following penalties:
- Fines of up to $2,5000.
- Prison time from one to five years.
- Automatic license suspension.
- Community service and court-mandated alcohol rehabilitation programs.
For any subsequent drunk driving convictions, the penalties are much more severe:
- Up to twenty years in jail.
- Fines of up to $5,000.
- Suspension of your license for more than three years.
- Community service and court-mandated alcohol rehabilitation programs.
Being convicted of a DUI can also make it much more difficult to get registered with an insurance company after. If your current insurance company continues to provide its services, you will likely pay higher insurance rates. If you have to find another company, you will be faced with much higher insurance premiums than before.
What About My Driving Record?
It is important to note that your criminal record is completely separate from your driving record, or DMV record. With DUI arrests, law enforcement will automatically confiscate your driver’s license and report it to the Oklahoma Department of Public Safety.
To get your license back, state laws require you to request an administrative license hearing within the first fifteen days after your arrest. If you do not request a hearing within these first fifteen days, you will face automatic license suspension for six months.
The administrative license hearing will be similar to a court hearing in which the deciding officer will listen to submissions by the police officer that arrested you and any witnesses to the scene. Your DUI attorney will argue and put forward evidence on your behalf to convince the officer that your license should not be suspended and to demonstrate that you are a safe driver. The decision about the restoration of your license will be made by the hearing officer.
Can I Have My DUI Expunged in Oklahoma?
Being convicted of driving under the influence in Oklahoma can have a huge impact on your life. With a criminal conviction, your life can be massively impacted. You could face difficulty getting hired, applying for education, applying for public housing, and much more. In addition, you may have your license suspended for an indefinite amount of time and have a permanent driving record.
By getting a DUI expungement, you can clear your DUI offense off your criminal record and start a new chapter. Nobody wants to have a one-time mistake engrained on their record for the rest of their life, which is why we are here to help you get your record expunged.
At Cannon & Associates, we have helped many clients get their criminal DUI offenses expunged from their records. Our lawyers are highly skilled in criminal law and we have handled many DUI expungement cases. We have also helped clients expunge their records for related offenses such as reckless driving and similar traffic offenses.
Our priority is to ensure that your life is not ruined by a criminal record and we want to help you move on. Our law firm offers a free consultation for you to discuss your case with our lawyers with no strings attached. Call us today to schedule a free consultation at 405-591-3935.
Our Client Reviews
More 5-star Reviews Than 99% Of Lawyers In Oklahoma
"John has shown nothing but compassion and professional guidance in my case. He truly cares about his clients and is exceptionally understanding when it comes to any case he is representing. He communicates genuinely as well as in a timely matter. If I were able to give his firm any more than 5 stars, I most definitely would. He is incredible."
"John Cannon is an awesome attorney. He is very professional and honest. He really cares about his clients. John always gets back to you quickly to answer any questions you have regarding your case. I highly recommend CANNON & ASSOCIATES for any legal needs you may have."
"John Cannon has helped me through the hardest time in my life. He helped me through my divorce and custody case. He truly cares about his clients and it made me so happy he always put my daughter first and wanted what was in her best interest as a child. He is very sharp and resourceful and he has been very attentive and responsive to my needs, John is very polite and professional and he always has a great attitude. John always took the time to go over everything and explain everything in depth. I've enjoyed working with John and his team and would recommend him to other clients."
"I have known John for about 6 years now in his capacity as a Judge Advocate and a civilian attorney. John has a rare blend of both sharp analytical and interpersonal skills. I have seen John achieve positive outcomes for clients in complex scenarios and If you need an attorney who can do the same for you - this is your guy."
"John did a very good job. Although the outcome was not 100% what we expected(strange judgement) it was overall positive. I would, have and will continue to recommended him. Although I certainly hope to not need his services again in the capacity I hired him for I would not hesitate to call if I do. Thanks John"
"I signed up with John June 25th, July 5th I received an email that my case is in line to be DISMISSED, within a 2 week time period John made what was one of the most stressful times in my life better! Every case is different but he handled my case with care and he was extremely open in his communication throughout the whole process. I hope to never have to have a criminal attorney again but if I do I will definitely go back to John. I highly recommend him to anyone else who is needing an attorney!"
"John is a highly respected attorney. Professional and compassionate. He has a wealth of knowledge, being a military officer and having served as an Assistant District Attorney, a Public Defender, and an Assistant Attorney General. He helped a friend's son who was headed down the wrong path, but through John's legal defense the young man is now a successful business owner."
"John is a very professional attorney, who is not only concerned about the welfare of his client but very attentive and considerate of the family, or other bodies that are in the face of the adversity. While working on my family members case, John took time out to take a class that would educate him on how to approach the many different types of cases tried in the court room. John proved his sincerity to the calling of his job, being an attorney. I would definitely recommend him to anyone."
"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!! John took the reigns and provided us instant peace of mind. He was timely, respectful, transparent, very professional, honest and courteous. The service he provided was above and beyond our expectations. Can’t believe professionals like him are around. Highly highly without reservations recommend him and his team."
"John Cannon is an excellent attorney. He takes sincere interest in your needs. He maintains communication and provides all the information you might want to fully understand the legal process. He also suggests alternative resolutions to your legal needs so that you can make informed choices. I definitely recommend John."
"My experience with CANNON & ASSOCIATES was absolutely amazing. I hired John Cannon two days before my rebuttal statement was due back to the Staff Judge Advocate. Within that time frame he was able to talk to my Battery and Battalion Commanders, review my evidence, and help me write a rebuttal statement that help prove my case to them, the Brigade Commander and the Post Commanding General. Cannon worked thru the night to help me get the best results for me and my family. Due to his hard work and attention to detail I am still able to continue to serve my country and progress in my military career with no adverse actions on my record. I can not thank him enough on a job well done. Cannon showed me that he was invested in my case and I highly recommend you hire him when you need someone to represent you in a legal matter."
"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I would highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."
"Hands down the best lawyer. Mr.Cannon accepted my case and got on it the same day. I would give him 10 stars if I could. I really appreciate the dedication on how he handles things with a short time frame."
"Mr. Cannon has represented me on 2 criminal cases and one civil case over the past 4 years. He has always served me honestly, speedily and with good moral direction. John has integrity and humility. He has never belittled me or treated me in an unfair manor. I appreciate all that he has done for me and I most certainly recommend him to family, strangers and friends. I will definitely use Mr. Cannon in the future for any and all of my family's legal matters."
"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!!"
"I had a great experience with John. He is very personable and helped me a lot. I’m really grateful I found him. He made me feel confident that he was the right lawyer for my case and that he wasn’t trying to sell me but genuinely just wanted to help me. I would highly recommend John to anyone!"
"Working with Mr. Cannon has been a real life-saving experience for me and my family. He provides the knowledge of the possibilities as soon as he can get them, then works tirelessly to ensure that any concerns or questions are addressed immediately. He has been a great asset to us not only in the face of legal troubles, but in providing a sense of security that is truly reassuring in the face of the uncertain.Mr. Cannon has been a great resource and has been very patient with me. From the start he provided a list of things to do that would help me help him with my case and since the beginning has continued to give advice or suggestions on any matter that has bothered me with my situation, large or small. He is gentle, yet realistic, and this combination really does become a rock in tumultuous times such as these.I would highly recommend Mr. Cannon to anyone who needs a vigilant and committed attorney, especially one that stands by your side until your issue is resolved. He goes above and beyond not only to work, but to care for his clients!"
"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."