When you are found guilty of driving under the influence (DUI), you may be anxious to put this mistake behind you. Ready to move on with your life, you may wonder how long a DUI stays on your criminal record in Oklahoma. Unfortunately, DUI convictions will remain on your record indefinitely unless you qualify for, and are granted an expungement.
There are several requirements that must be met to be eligible for expungement. There is no guarantee the judge will grant your petition, but with nothing else to lose, an expunction could be your best opportunity to move forward with your life.
The Level of Your DUI Charges Makes a Difference
The severity of your DUI charges will have an impact on the outcome of your criminal defense. If you are convicted of a first-time misdemeanor, with a blood alcohol concentration (BAC) measured at 0.08% but below 0.15%, the penalties you face will be less severe according to the Oklahoma Highway Safety Office (OSHO). However, if you cause severe property damage, are drunk with a child in the car, or cause serious injury to another motorist, you could be facing felony DUI charges, even as a first-time offender.
The extent of your penalties matters, as the waiting period from the time you complete your sentence to the time you are eligible for expungement can vary depending on whether you were convicted of a misdemeanor or felony DUI, and the individual circumstances of your case.
How Long a DUI Stays on Your Record
Drunk driving convictions do not just fall off your record. They will remain on your driving record for at least 10 years. However, you may be able to get your criminal record expunged if you meet the eligibility requirements under Oklahoma Statutes § 22-18. There may be a minimum five-year waiting period from the date you completed the terms of your sentence before you can seek expunction. The language of the statute below discusses who is authorized to file a motion for expungement:
Ҥ22-18. Expungement of records РPersons authorized.
A. Persons authorized to file a motion for expungement, as provided herein, must be within one of the following categories:
1.The person has been acquitted…
5.The person was arrested and no charges of any type, including charges for an offense different than that for which the person was originally arrested, are filed and the statute of limitations has expired or the prosecuting agency has declined to file charges;
7.The person was charged with one or more misdemeanor or felony crimes, all charges have been dismissed, the person has never been convicted of a felony, no misdemeanor or felony charges are pending against the person and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled; provided, however, this category shall not apply to charges that have been dismissed following the completion of a deferred judgment or delayed sentence;”
The Impact Of a DUI Conviction
While you are waiting for your DUI to be eligible for expungement, your life will continue to feel the fallout of your conviction. For the next 5 to 10 years, you could be forced to contend with SR-22 insurance, trouble finding gainful employment, and unexpected fees.
Trouble Finding Gainful Employment
Although not all employers will or are allowed to ask about your criminal record as described under Executive Order 2016-03, most private businesses will still run background checks. This could prevent you from taking advantage of opportunities to expand your career. You could also be passed over for promotions or other opportunities for advancement.
SR-22 Insurance
SR-22 insurance coverage is required after being convicted of a DUI. The insurance company will likely increase your auto insurance rates once you submit your insurance form. With exorbitantly high insurance rates, your ability to afford auto insurance coverage after a DUI conviction may be difficult or impossible.
Unexpected Fees
No matter how much you try to budget for the costs of your DUI and eventual expungement, there may be hidden fees you were not prepared for. For instance, if your vehicle was impounded or you were ordered to take a driver’s education or DUI course, you may be expected to cover these costs.
There will also likely be restitution costs if your drunk driving caused serious injury or damages to another person or private property. Failure to pay court fines, fees, and other costs could have a negative impact on your credit score and make you ineligible for expungement.