A DUI can complicate many parts of your life, including your ability to get a job or an apartment. If you have a DUI arrest or conviction that is causing you problems, an expungement may be the answer.
An expungement is when an arrest or conviction record is removed from view of the public. This means the only way someone would be able to see your arrest or conviction would be if you gave them permission. There are some exceptions to this - in certain instances, law enforcement officials will be able to view your records.
After an arrest or a conviction 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.
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.
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.
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.
A partial expungement, or 991c Expungement, only applies to individuals who have received a deferred sentence. After a successful partial expungement, an individual’s record will be removed from online databases and their OSBI record will typically state they have been arrested for the offense, but they plead not guilty and the case was dismissed.
To get your driving record cleared and prevent your license being suspended, you must request an Administrative License Hearing within 15 days of your arrest. After you are arrested for a DUI, law enforcement will confiscate your drivers license. They will then report this arrest to the Oklahoma Department of Public Safety. The Oklahoma Department of Public Safety is responsible for maintaining your driving record and for issuing driver licenses.
During your Administrative License Hearing, the hearing officer will contact the arresting officer, as well as any possible witnesses to the event. They will then question each individual, as well as you, about the events that lead to the arrest. This will include questions such as: why you were stopped, what the officer observed that lead them to believe you were driving under the influence, etc. The attorney representing you will have an opportunity to present information on your behalf to the hearing officer. The hearing officer will then make a determination as to your case. If it is not requested within 15 days, you will forfeit your chance to have the hearing, and your license will automatically be suspended for a minimum of 6 months.
Not completely. There is a non-public record that the Department of Public Safety Receives that will state you were arrested for a DUI. This is not something the public has access to, but it can be viewed by law enforcement agencies and the District attorney’s office.
Don't let a past arrest control your life. Tell us a little about yourself so we can see if you qualify for an expungment. Our initial evaluation is always free.