In Oklahoma, it’s illegal for anyone to drive, operate, or be in actual vehicle control of a motor vehicle when they are impaired by alcohol or drugs. If they are convicted of DUI, this information can remain on their record for many years, affecting all aspects of their life.
However, the amount of time that this conviction will remain on your record depends on specific factors, such as the type of record you’re concerned about, how long ago the conviction occurred, and details specific to your case. An experienced criminal defense attorney from Fassio Law can discuss your specific situation during a confidential consultation. Contact us today to learn more.
DUI Convictions on Criminal Records
DUI convictions are criminal records. Therefore, they will continue to appear on your criminal record unless you have your record expunged.
Most first-time DUI offenses in Oklahoma are considered misdemeanors. They generally stay on a criminal defendant’s record unless the defendant takes proactive steps to remove it.
How Prior DUI Convictions Impact Future DUI Charges
Oklahoma law provides for enhanced penalties if a person is convicted of more than one DUI. Therefore, if you have more than one DUI within a short period of time, the offense can be considered a felony. Felony DUI convictions carry harsher penalties, including jail time and higher fines.
Under Oklahoma law, the lookback period for a subsequent DUI offense is ten years. The ten years is from the completion of the sentence or deferred judgment. This is the relevant period for determining whether the enhanced penalties will apply.
Like with misdemeanor DUI criminal offenses in Oklahoma, felony DUI convictions remain on a person’s criminal record indefinitely.
How a DUI Affects Your Driving Record and Insurance Rates
A DUI conviction can continue to affect a person’s life in several ways well after the person has completed all criminal penalties associated with the offense. One such way is the impact the record has on their driving record.
The Oklahoma Department of Public Safety (DPS) maintains driving records for state residents. The amount of time that a DUI remains on your driving record can affect your ability to hold a driver’s license in the state, your insurance rates, and your employment opportunities.
Generally, DUI convictions stay on Oklahoma driving records for ten years from the conviction date. Any additional DUI offenses are considered when establishing penalties for subsequent offenses during this time period.
DUI convictions on driving records usually lead to much higher auto insurance premium rates. Insurance companies generally view DUI offenders as high-risk drivers and charge them higher premiums to cover them. Since DUI convictions can remain on driving records for ten years, insurance rates may still stay high during this decade of time unless the insurance company uses different internal policies.
How a DUI Conviction Can Impact Employment and Background Checks
A DUI conviction can also affect a person’s employment. Time spent in jail can result in missed work days and possible termination. Even if you are immediately released, some jobs may fire you for a DUI offense.
Other jobs require a clean driving record, so any convictions, suspensions, or accidents can cause you to lose the job or not be hired for the job. If you are a commercial truck driver, you can expect the DUI conviction to have a profound impact on your livelihood - even if you received the DUI in your personal vehicle.
While driving records are typically only available to the government and specified entities, employers and potential employers can generally see a person’s criminal record through a routine background check. They may view the conviction as a red flag and refuse to hire you because of it. Additionally, a DUI conviction can impact your ability to obtain or renew professional licenses in certain fields, such as healthcare and the law.
Can a DUI Be Expunged in Oklahoma?
In some cases, it may be possible for a person to have their DUI conviction expunged in Oklahoma. A successful expungement means that the records associated with the criminal offense are removed from public access, so parties like potential employers or landlords are unable to see them. Having your criminal record expunged can help remove the burdens often associated with having a criminal record.
Expungement eligibility in Oklahoma depends on factors such as:
- Whether you were convicted of a felony or misdemeanor
- How long it’s been since the conviction
- Whether you have any other criminal convictions
- Whether you have completed all terms of your sentence, including probation, the payment of court fines, and the participation in treatment programs, the court ordered
Generally, misdemeanor DUI convictions can be expunged after a five-year waiting period if you have no other criminal charges during that period and meet other eligibility criteria. Felon DUI convictions are more difficult to expunge and require a minimum waiting period of ten years.
An experienced criminal defense attorney from Fassio Law can evaluate your specific situation and explain whether you’re eligible for expungement.
Expungement vs. Record Sealing: What’s the Difference?
Some states have a distinction between expungement and record sealing. Record sealing typically involves shielding a criminal record from public view. The record still exists and can be viewed by law enforcement, the courts, and certain other entities, but it is generally not accessible to the public and does not appear in a standard background check.
In contrast, expungement may refer to the complete destruction of a criminal record. The court views it as never having occurred.
In Oklahoma, the terms record sealing and expungement refer to the same process of making a criminal record inaccessible to the public. This is because Oklahoma does not allow the physical destruction of sealed records. Instead, the records are sealed from public access and cannot generally be accessed through a subpoena or the Open Records Act. However, law enforcement agencies and certain government agencies may still be able to view these records.
What Are the Steps to Expunge a DUI in Oklahoma?
The first thing to know about the expungement process in Oklahoma is that there are different types of expungement, including:
- A Section 18 expungement, which is a full expungement of your criminal record so that the DUI conviction is removed from all public and private records
- A Section 991(c) expungement, which applies when the court grants a deferred sentence for a DUI offense
To obtain a Section 18 expungement, you must meet specific criteria established by state law, including that sufficient time has passed since the conviction and that you have not been convicted of other crimes.
For a Section 991(c) expungement, you are considered to be convicted of a crime until you are sentenced, so as long as you complete the terms of your probation, you can avoid a conviction ever appearing on your record. The criminal charges against you would be dismissed, but the DUI arrest would still appear on your criminal record.
In neither case is expungement automatic. You must take proactive steps, including:
- Filing a petition with the court
- Providing supporting documentation
- Attending a court hearing
- Presenting your case in front of a judge
If the court determines that you satisfy the requirements, the judge issues an order to seal your record. However, this does not affect your driver’s license.
Alternatives to Expungement: Pardon and Deferred Sentencing
There are other alternatives to expungement that can limit your exposure to harsh penalties and consequences associated with a criminal conviction for driving under the influence, including receiving a pardon or deferred sentence. A pardon is issued by the governor’s office and formally forgives the offense. A deferred sentence allows you to complete certain criteria
How an Attorney Can Help You Clear Your DUI Record
If you are facing DUI charges, the best way to avoid the long-term impact of a DUI conviction is to prevent it from ever happening. An experienced criminal defense attorney can help by:
- Explaining the legal process ahead and answering any questions that you have
- Representing you in an administrative hearing to protect your driving privileges or request a modified driver’s license
- Reviewing your arrest record and the traffic stop to determine if your legal rights were violated
- Anticipating prosecutorial tactics and providing a robust defense strategy for you
- Discussing your defense options to the charges against you and the viability of a plea bargain
- Representing you in court if you choose to go this route
If you have already been convicted, a criminal defense attorney can review your situation to determine whether you qualify for a record expungement. Without an expungement, the criminal record will continue to follow you, affecting your job opportunities, ability to receive financial assistance to pursue your educational goals, your application for public housing, and much more. A DUI expungement can help clear the DUI offense from your criminal record so that you can pursue a brighter future.
Whether you want to defend yourself against pending criminal charges for DUI or want to expunge your criminal record, Fassio Law can help. Contact us today to arrange a confidential consultation.
