If you have been convicted of driving under the influence (DUI) in Oklahoma, you might be worried about how it will affect your future. A DUI conviction can make it hard to get a job, find housing, or even apply for school.
However, you may be able to have your DUI record expunged. This means it would be removed from your public record. But not everyone is eligible for expungement.
You should seek the assistance of an experienced Oklahoma DUI defense lawyer to determine if you are eligible. Fabian & Young, our attorneys represent clients seeking to have their DUI convictions expunged, or to ensure that their expungement agreed to in plea negotiations actually occurred you are, they can take the necessary actions to clear your public record so you won’t be held back by that past mistake. Contact Fabian & Young today to learn how we can help you.
What is DUI Expungement in Oklahoma?
When you are convicted of a crime like DUI in Oklahoma, it goes on your criminal record. This means that when someone does a background check on you, they can see that you were convicted of DUI. Many people agree to accept a guilty plea with the condition that upon successful completion of the terms of your plea agreement (including any probation), your case will be dismissed, and your record expunged. What most people don’t realize is that there are two sets of records that you should have expunged — the court records (which often do get expunged as per the plea agreement) and the criminal history, which typically requires the filing of a separate lawsuit.
Even with the court records gone, you are still in the system, and your conviction is part of your criminal history that can be accessed by the FBI or other law enforcement agencies with access to criminal records.
Expungement is a way to clean up your record. If you meet certain requirements, you can ask the court to seal your DUI conviction. This means that most people, like employers or landlords, won’t be able to see it when they do a background check.
Types of Oklahoma DUI Expungement
There are two main types of expungement in Oklahoma:
- Section 991(c) Expungement – This is also called a partial expungement. It seals your court records from the public, but law enforcement and some government agencies can still see it. Your case will show up as dismissed; and
- Section 18 Expungement – This is a full expungement. It clears your entire criminal record related to the DUI, including arrest records and court proceedings. This is the best type of expungement because it’s like the DUI never happened.
Who Can Get a DUI Expunged?
Not everyone can get their DUI expunged right away. However, if your case meets certain requirements, you may be eligible. Here are some of the most common situations that could make your DUI a good candidate for expungement:
- If you got a deferred sentence (like probation)
- If it was your first offense DUI and a misdemeanor
- If you were convicted of a misdemeanor DUI
- If you were convicted of a felony DUI but have no other felony convictions
- If you were convicted of a felony and have a previous felony, in some circumstances
A DUI expungement lawyer in Oklahoma can help you get a DUI expunged.
How Long Do You Have to Wait?
The waiting time for expungement depends on your specific case. Here are some general guidelines:
- Deferred sentence – You can apply after one year if you have no other charges.
- Misdemeanor – You usually have to wait five years, but if your fine is less than $500, you can apply as soon as you pay it.
- Felony with a suspended sentence -You can apply after five years if you have no other convictions in the past 7 years.
- Felony with jail time – You can apply 5 years after you finish your sentence.
- Felony with a previous felony – You might be able to apply after ten years, depending on the circumstances.
What About Your Driving Record?
It’s important to know that expungement does not affect your Oklahoma driving record. Your DUI will stay on your driving record for 10 years. Your driving record is separate from your criminal record.
If you want to keep the DUI off your driving record, you need to act fast. You have only 40 days after your arrest to request an administrative license hearing. If you don’t do this, your license will be suspended for six months automatically.
Why You Should Consider Expungement
Having a DUI on your record can cause a lot of problems. It can make it difficult to get a job or rent an apartment. It can also increase your car rates and negatively affect your chances of getting into a college or professional school. It can even affect your ability to apply for certain professional licenses.
By getting your DUI expunged, you can avoid these problems and start fresh.
How an Oklahoma DUI Expungement Attorney Can Help You
The expungement process can be complicated, and it’s easy to make mistakes if you try to do it on your own. It is a good idea to get help from an experienced DUI expungement attorney in Oklahoma.
At Fabian & Young, we have helped many people in Oklahoma get their DUI records expunged. We understand the process and can guide you through it step by step.We can help you ensure your court records were expunged if possible and that your criminal history is also expunged. To be expunged, the probation in your case must be concluded within one year from the date of the arrest.
There are time limitations, so please contact our Oklahoma DUI expungement attorneys ASAP . Your case must be dismissed within one year from the time of your arrest to file a lawsuit. Otherwise, you must wait for 10 years before you can file a lawsuit to have your criminal history expunged.
If you’re thinking about getting your DUI expunged, don’t wait. The sooner you start the process, the sooner you can clear your record and move on with your life. Contact Fabian & Young today for a free consultation to discuss your case and learn about your options for expungement.