DUI Expungement in Oklahoma: Everything You Need To Know
A DUI can complicate many parts of your life, including your ability to get a job or an apartment. If you have a Tulsa DUI arrest or conviction that is causing you problems, an expungement may be the answer.
What Is an Expungement?
An expungement is the removal of an arrest or conviction record from the public record. In practice, this means the only way someone would be able to see your arrest or conviction record would be if you gave them permission.* It also means you can legally say you have never been convicted of a crime when someone asks you.
Can a DUI be expunged? Technically, yes. There are two types of expungement, full and partial, that we will explain in detail later. Each has separate applications and benefits, and your specific situation will determine which you might be eligible for.
* Under certain limited circumstances, law enforcement might still be able to see arrest and conviction records as part of an investigation
Why Would I Want a DUI Expungement in Oklahoma?
After an arrest or a conviction for a Tulsa DUI has been expunged, you do not have to disclose that incident to employers and landlords. This translates to better opportunities for jobs and housing. Additionally, expunged crimes do not have to be disclosed to educational institutions, nor do they prevent you from being professionally licensed.
It is no secret that there is a stigma around a criminal conviction. An expungement will remove your case from OSCN, meaning your friends and family won’t be able to search your name on OSCN and find your old case.
How Long Does a DUI Stay On My Record in Oklahoma if It’s Not Expunged?
A DUI arrest will stay on your driving record with the Oklahoma Department of Public Safety (DPS) for 10 years. (The same is true for DWI and APC.) This arrest will remain on your criminal record permanently unless you get it expunged or have it sealed. Again, getting your Tulsa DUI arrest expunged will remove your arrest and court records from public view on OSCN, but law enforcement agencies can still access this information.
Exactly What Rrecords Ccan Be Expunged?
If you get a DUI in Oklahoma, information about your arrest and / or conviction will show up in three separate locations: your driving record, your arrest record, and your court record. All of these can be expunged, but they require different steps and there are different requirements for each.
Is a DUI a Felony in Oklahoma?
Under Oklahoma law, DUI or Actual Physical Control (APC) can be charged as either a misdemeanor or a felony. Typically, your first offense will be charged as a misdemeanor DUI. But if you were driving under the influence and caused great bodily injury to another individual, you could be charged with felony DUI, regardless of whether it’s your first DUI.
It’s a complicated charge—this article fully explains what qualifies as a felony DUI in Oklahoma.
Types of Expungements for DUIs in Oklahoma
There are two different types of expungement that can occur when you get your arrest and court records expunged - a full expungement and a partial expungement.
Partial DUI Expungement in Oklahoma
A partial expungement, or 991c Expungement, only applies to individuals who have received a deferred sentence. A deferred sentence is a type of probation you receive at the time of plea. When you plead guilty to an agreement with a deferred sentence, the judge withholds a finding of guilt and defers judgment. Then, upon successful completion of your deferred sentence, the judge withdraws your plea of guilty and dismisses your case.
Partial Expungement for a Misdemeanor DUI With a Deferred Sentence
Normally the judge will defer judgment for either 12 or 18 months on a misdemeanor DUI. At the end of that 12 or 18-month period, the judge and prosecutor will check to see if you have completed all the terms of your probation. This usually means taking a drug and alcohol assessment, a victim’s impact panel, a DUI class, and community service. The judge will also check to make sure all your court costs have been paid and that you have not received any additional criminal charges. If all those requirements have been met, the judge will withdraw your plea of guilty and dismiss your case. By having your case dismissed, you have now received a partial expungement.
After a successful partial expungement, your record will be removed from the State’s online databases (e.g.OSCN), and your OSBI record will typically state that you were arrested for the offense, plead not guilty, and the case was dismissed.
Partial Expungement for a Felony DUI With a Deferred Sentence
Just like with a misdemeanor DUI, if you plead to a deferred sentence on your felony DUI, the judge withholds a finding of guilt. Upon successful completion of the sentence, normally a much longer period than for a misdemeanor DUI, the judge finds you not guilty and dismisses your case. Your record has now been partially expunged. Notably, this doesn’t prevent you from seeking a full expungement later if you choose to do so.
Full DUI Expungement in Oklahoma
A full expungement, or Section 18 Expungement, erases your criminal arrest, criminal charge, criminal court proceedings and other public criminal records. After a full expungement takes place a person can legally say the incident did not occur. This is because a full expungement is exactly what you think of when you think of an expungement -- It treats the crime as if it had never happened at all.
Full Expungement for a Misdemeanor DUI With a Deferred Sentence
If you have received a partial expungement after successfully completing a deferred sentence, you still qualify for a full expungement. In order to get a full expungement, you only need to wait one year from the time you received your partial expungement (the date you completed your deferred sentence, and the judge dismissed your case). If you don’t have any felony convictions and you don’t have any pending misdemeanor or felony charges, you can get a full expungement.
Full Expungement for a Misdemeanor DUI With a Suspended Sentence
If you plead guilty to a misdemeanor DUI but did not receive a deferred sentence, you can still qualify for a full expungement. Normally a suspended sentence for a misdemeanor DUI is 12 months. Unlike with a deferred sentence, you enter a plea of guilty and the judge immediately finds you guilty. You are then put on probation for 12 months, and at the end of that probation your case is not automatically partially expunged. Even if you successfully complete the requirements of probation, your case will remain public unless you later receive a full expungement. However, you do have the ability to get a full expungement 5 years after you have successfully completed your suspended sentence.
After 5 years, you can begin the process of obtaining a full expungement. Note that even if you complete all your probation requirements in one month, the 5-year time does not begin until the end of the probation period. This means that if you plea to a 12 month suspended sentence on January 1st 2015, then complete all of your requirements by February 1st 2015, you will not be eligible for an expungement until January 1st 2021. This is because the term of probation is not over until January 1st of 2016 and the 5 year waiting period starts at the end of your probation period. In addition, you are not eligible for an expungement if you have any prior felony convictions or if you have any pending misdemeanor or felony charges against you.
Full Expungement for a Misdemeanor DUI With Jail Time
Most misdemeanor DUIs in Tulsa do not result in jail time. However, a misdemeanor DUI technically carries up to one year in jail. Many people believe you cannot get your record expunged if you have served jail time. However, this is not the case. You can get an expungement of your misdemeanor DUI five years after the end of your sentence. Like with a suspended sentence the five-year clock begins when your sentence would have ended, not when you are released from custody. Like with the suspended sentence, you are not eligible for this expungement if you have any prior felony convictions or if you have any pending misdemeanor or felony charges against you.
Full Expungement for a Misdemeanor DUI With a Fine Under $501
While it is uncommon to receive only a fine for a DUI, it is possible. Regardless of whether you plead to a recommendation of a fine or are sentenced to a fine by a jury, you are eligible for an expungement. If the fine is under $500, you do not have a waiting period like you do with the other expungements. You merely need to pay off your fine, pay off your court costs, then apply for your expungement. Like with the other forms of expungement, you are not eligible if you have any prior felony convictions or if you have any pending misdemeanor or felony charges against you.
Full Expungement for a Misdemeanor DUI With a Fine Over $500
As we previously mentioned, it is very rare to receive only a fine for a DUI. However, you are still eligible for an expungement with a fine of over $500. With this fine, you must wait 5 years from the time the fine is paid off. You must pay off all of your court costs and you cannot have any felony convictions nor any pending charges against you.
Full Expungement for a Felony DUI With a Deferred Sentence
If you plead to a deferred sentence on a felony DUI, you are eligible for an expungement. You must complete all terms of your probation and you cannot have any pending charges against you. Like with previous case types, you cannot have a prior felony conviction and you must wait 5 years from the completion of the deferred sentence.
Full Expungement for a Felony DUI With a Suspended Sentence
If you receive a suspended sentence on a felony DUI, you may still be eligible for an expungement. Upon successful completion of the suspended sentence, and payment of all court costs, you must wait 5 years. However, you cannot have any separate convictions within the past 7 years. This means if you got a misdemeanor charge right before your felony DUI, you will need to make sure at least 7 years have passed since that charge and at least 5 years have passed since you completed your suspended sentence for your felony DUI. In addition to these requirements, you cannot have any prior felony convictions.
Full Expungement for a Felony DUI With Jail Time
If you receive prison time on a felony DUI in Tulsa, you can receive an expungement 5 years from the date your sentence was completed. This means if you are sentenced to 1 year in jail, but you only serve 3 months, the 5-year waiting period will not begin until the 1 year mark. Like with a suspended sentence you cannot have any separate convictions within the past 7 years. You also cannot have any other prior felony convictions.
Full Expungement for a Felony DUI After a Prior Felony Conviction
In all of the expungements we have previously discussed, it has been a requirement that you do not have any prior felony convictions. However, if you have a prior felony conviction and you receive a felony DUI, you may still be eligible to have your DUI expunged. One requirement is that your prior felony conviction is not considered a violent felony. For more information on what is considered a violent felony, check out or article here. Additionally, it cannot be a crime that required you to register as a sex offender. If both of those qualifications are met, and at least 10 years have passed since the completion of your most recent felony, you may be eligible for an expungement.
How Long Does It Take to Get a DUI Expungement in Oklahoma?
After the Oklahoma State Bureau of Investigation (OSBI) receives a certified copy of the expungement order, it takes about one month to expunge court records. Expungement of arrest records also usually takes about a month from the time the order is received and required fee is paid. That being said, it takes time to gather all the necessary paperwork and file the proper forms, so plan for the entire process to span several months.
What About My Driving Record?
To get your driving record cleared and prevent your license from being suspended, you must file an appeal with the district court.
Within 180 days after your DUI arrest or completed blood test results, Service Oklahoma (formerly DPS) will typically mail you license revocation notice. You have 40 days from the date on the notice to file an appeal with the district court. You will be able to keep your license during these 40 days.
If you win your appeal, you will not lose your license. If you lose, you'll still be able to apply to participate in Oklahoma’s Impaired Driver Accountability Program (IDAP). Your driver's license will go into revocation until you complete the IDAP program and you must complete IDAP to get your license back.
For more information about the IDAP program, check out our article here.
The Bottom Line
If you received a DUI in Tulsa, there is a strong likelihood you could get it expunged. You should contact an attorney right away to make sure you have completed all of the necessary requirements and find out how long you need to wait to get it expunged. Even if you have already received a partial expungement, a full expungement can open the door to many opportunities that you would otherwise not have access to.
If you have a DUI and are interested in getting it expunged, take our free expungement quiz to see if you qualify.