Drunk driving is a serious offense in Oklahoma, and, in addition to facing the associated penalties, having a permanent mark on your criminal record can adversely affect certain aspects of your life, including some educational and occupational prospects. Under Oklahoma drunk driving expungement laws, some DUI offenders in the state may be able to clear …
Drunk driving is a serious offense in Oklahoma, and, in addition to facing the associated penalties, having a permanent mark on your criminal record can adversely affect certain aspects of your life, including some educational and occupational prospects. Under Oklahoma drunk driving expungement laws, some DUI offenders in the state may be able to clear their plea and sentence from court records after completion of probation under a deferred sentence. However, under these circumstances, your criminal record will remain on file with the Oklahoma State Bureau of Investigation (OSBI) unless you take further action. Here at Oklahoma Legal Center, our DUI expungement attorneys will work to get your DUI conviction expunged, if possible, or will ensure that the terms of expungement agreed upon in plea negotiations were actually carried out. If you think that your Oklahoma drunk driving charges might be eligible for expungement, contact our DUI expungement lawyers at Oklahoma Legal Center for legal help.
Obtaining Expungement of Your Court Record
According to Oklahoma Statute Title 22, Subsection 991c, after a DUI offender successfully completes a deferred sentence on a plea of guilty or no contest, the state permits expungement of the individual’s criminal record. In Oklahoma, a deferred sentence means that the offender’s sentence is suspended under the condition that he or she will complete a period of probation and satisfy other probationary conditions like attending mandatory alcohol education meetings, completing an alcohol treatment program, paying fines and court fees, and participating in community service. If the defendant violates probation, he or she must immediately serve the full sentence. If the defendant successfully fulfills all probationary conditions however, the court will order the defendant’s plea expunged, effectively clearing the incident from his or her record.
Expungement of Your Criminal History File
Oklahoma DUI laws indicate that, under these circumstances, a defendant’s right to expungement of the court record regarding his or her case is automatic. However, when you are arrested for drunk driving in Oklahoma, there are two records made of your arrest and prosecution: the court record and the criminal history file maintained by the Oklahoma State Bureau of Investigation. It is important to understand that the Subsection 991c expungement mentioned above pertains only to the court record, which means that your criminal history file will remain on record with the OSBI unless you take further legal action pursuant to Oklahoma Statute Title 22 Subsection 18. Expungement of your DUI record under Subsection 18 is obviously more desirable than a Subsection 991c expungement, but it is also harder to obtain. There are eight criteria necessary for a Subsection 18 expungement, and the qualifications are tricky.
Contact Our DUI Expungement Attorneys for Help
If you believe you may be eligible for a Subsection 18 expungement in Oklahoma, enlist the help of our DUI expungement attorneys at Oklahoma Legal Center today. The necessary procedure for obtaining the expungement order includes filing a motion to expunge in the state district court. Some Oklahoma counties require the motion to be filed in your criminal case, while others require a separate motion filed in a new civil case. Because the DUI expungement requirements in Oklahoma can be confusing for those without an extensive legal background, it is recommended that defendants seeking expungement in Oklahoma enlist the help of a qualified DUI expungement lawyer. Our team of DUI defense lawyers at Oklahoma Legal Center have years of experience protecting the rights of defendants in Oklahoma, and can help you pursue the DUI expungement you need.