Oklahoma DUI Records Explained
WHAT ABOUT MY RECORD?
A DUI arrest gives you 3 records
It is inaccurate to say that I hate everything.
I am strongly in favor of common sense, common honestly and common decency.
This makes me forever ineligible for public office.
L. MENCKEN
People will often ask, “Can you clear my record when this is over?” At first, the question seems simple and lends itself to a simple yes or no answer. Regretfully, as in most areas of the law, the correct answer is IT DEPENDS.
Before we talk about clearing your ‘record’, you should know that a DUI arrest creates THREE separate public records:
- An arrest record which is maintained by the Oklahoma State Bureau of Investigation (OSBI).
- Due to the affidavit the officer created when he took your license, you now have a driving record and if quick action is not taken, you will have a permanent record of your license being suspended for an alcohol offense.
- The most commonly considered record is your court record. With quick action and good work by your attorney it is possible for all three records to be cleared. The court record is the most common record and can be expunged but there are guidelines that must be met and there is no guarantee that it can be cleared. This is generally done by receiving a deferred sentence and the case being eventually dismissed and expunged. This can clear your court record but as you will see below, it can be a roadblock to clearing your arrest record.
Your driving record can be cleared only by requesting a hearing within 15 days of your arrest and winning that hearing—either at the administrative hearing, at the District Court Appeal or by an appeal to the State Supreme Court. However, the Department of Public Safety keeps an internal record of all administrative license actions that is not expungeable but is not a public record.
An arrest record can be expunged in certain specific instances. The rules and requirements are tricky. For instance, if you receive a deferred sentence and your court record is cleared, the OSBI arrest record cannot be expunged until two years after the case is dismissed and you do not get into any other trouble.
You should know that it is possible to clear your record but there are many variables that may make it difficult to clear all three records. The facts of each case are different and the results may vary. A competent, qualified DUI attorney who knows the minute details of these issues can guide and help you.