Check the expungement statute to see if you qualify
File a petition for expungement in court
As the judge for a hearing
Send notice of the hearing to all law enforcement agencies who may have records of your DUI
At the hearing, the judge will decide if your DUI may be expunged
Note: This post will not discuss how to reinstate your driver’s license if the state has suspended or revoked your license because of a DUI. Driver’s licenses are under the authority of the Oklahoma Department of Public Safety (DPS), which is separate from the criminal court system, where expungements are handled. To find out how to reinstate your driving privileges after revocation or suspension, click here.
What does expungement mean?
Expungement is the process where you can have all records of your arrest and conviction sealed. If a court orders your records sealed, the public may not see your records. Depending on the type of expungement for which you are eligible, law enforcement may not be able to see your records either. If your records have been expunged, the offense for which you were arrested or convicted, is deemed never to have occurred. This means that, if you are asked about your arrest or conviction on any application form, you may reply that the arrest or conviction did not occur.
Expungement can be helpful if you are applying for a job or other benefit which requires a background check.
For more information on expungements, click on my earlier blog post here.
Can you get a DUI expunged in Oklahoma?
First, check the expungement statute to see if you qualify. Below, I explain which circumstances will qualify you for an expungement of your DUI under the Oklahoma expungement statute. Also, not all expungements are equal: Some expungements will also seal your records from law enforcement. Other expungements will seal Pardon and Parole Board records. In other expungements, the prosecutor will still be able to use your records in a future prosecution, to prove a prior conviction. Below, I tell which expungements will seal which of your records from whom. You can have your DUI arrest or conviction expunged if:
You have been acquitted of DUI. Law enforcement will not be able to access your records.
An appeals court reversed your DUI conviction and ordered your case dismissed. Law enforcement will not be able to access your records.
An appeals court reversed your DUI conviction and the prosecutor dismissed the charge. Law enforcement will not be able to access your records.
DNA evidence showed you were innocent. Law enforcement will not be able to access your records.
The governor has pardoned you because you were innocent of DUI. Your Pardon and Parole Board records will also be sealed to the public; however, the Pardon and Parole Board will still have access to the records.
The governor has pardoned you for any reason, and you were under 18 when you committed the DUI. Law enforcement will not be able to access your records. Your Pardon and Parole Board records will also be sealed to the public; however, the Pardon and Parole Board will still have access to the records.
You were arrested for DUI, and the prosecutor did not file charges (including charges for an offense other than the offense for which you were arrested) and the statute of limitations has expired, or the prosecutor has declined to prosecute you. Law enforcement will not be able to access your records.
You were charged with one or more crimes, all charges have been dismissed, you have never been convicted of a felony, no criminal charges are pending against you, and
a. The statute of limitations has expired, or
b. The prosecutor confirms that charges will not be refiled.
Law enforcement will not be able to access your records. This category does not apply to charges that have been dismissed after completion of a deferred sentence.
9. Your DUI charge was a misdemeanor, the charge was dismissed after you complied with the terms of a deferred sentences, no criminal charges are pending against you, and it’s been at least one year since the charge was dismissed. This only applies if your DUI charge was a misdemeanor. To see which types of DUIs are misdemeanors and which DUIs are felonies, click here and here. Your records will still be admissible against you, in a future prosecution, if the prosecutor seeks to prove you have a prior conviction.
10. Your DUI charge was dismissed after you finished a deferred judgment or delayed sentence, you have never been convicted of a felony, no criminal charges are pending against you, and it’s been five years since the court dismissed your DUI charge. Your records will still be admissible against you, in a future prosecution, if the prosecutor seeks to prove you have a prior conviction.
11. You were convicted of misdemeanor DUI, you were sentenced to a fine of less than $501.00, you were not sentenced to imprisonment or a suspended sentence, you have paid the fine or satisfied the fine by jail time served in lieu of the fine, you have never been convicted of a felony, and no criminal charges are pending against you. Your records will still be admissible against you, in a future prosecution, if the prosecutor seeks to prove you have a prior conviction.
12. You were convicted of misdemeanor DUI, you were sentenced to prison, a suspended sentence, or a fine over $500.00, you have not been convicted of a felony, no criminal charges are pending against you, and it’s been five years since the end of your last sentence. Your records will still be admissible against you, in a future prosecution, if the prosecutor seeks to prove you have a prior conviction.
13. You were convicted of felony DUI, you have not been convicted of any other felony, you have not been convicted of a separate misdemeanor in the last seven years, no criminal charges are pending against you and it’s been five years since you completed your sentence for felony DUI. Your records will still be admissible against you, in a future prosecution, if the prosecutor seeks to prove you have a prior conviction. Your Pardon and Parole Board records will also be sealed to the public; however, the Pardon and Parole Board will still have access to the records.
14. You were convicted of not more than two felony offenses, neither of your offenses is listed in this list, neither of your felonies would require you to register as a sex offender, the governor has pardoned you for both of the felonies, no criminal charges are pending against you, and it’s been at least ten years since your last conviction. Your records will still be admissible against you, in a future prosecution, if the prosecutor seeks to prove you have a prior conviction. Your Pardon and Parole Board records will also be sealed to the public; however, the Pardon and Parole Board will still have access to the records.
15. You have been arrested, charged with, or subject to an arrest warrant for a DUI that someone else committed, and the person who committed the DUI impersonated you by means of identity theft.
16. You have completed the conditions of a deferred judgment.
How to get your DUI expunged
File a petition in the court where you were convicted. Ask the judge to set the matter for hearing. Send 30 days advance notice of your hearing to the prosecutor, the agency that arrested you, any government agency that has information related to the record, and to the Oklahoma State Bureau of Investigation (OSBI). You will also have to pay a fee to OSBI.
At your hearing, the judge will decide whether the harm to your privacy outweighs the public interest in keeping your DUI public. If the judge decides your privacy is more important, the judge will order your records sealed. For more information on the expungement process, click here.
Get your records expunged!
If you qualify for an expungement, don’t let past wrongdoing get in the way of a bright future. File for an expungement.
Because the expungement process is very complicated, OSBI recommends that you hire an attorney for an expungement, rather than representing yourself. The Persaud Law Office has handled many expungements, and we can help you. If you are interested in getting your DUI expunged, give us a call today.
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