Court Record Expungement

• Expungement of a criminal record in Oklahoma is under Oklahoma Statute Title 22, Subsection 991c. After successfully completing a deferred sentence on a plea of guilty or no contest, the statute permits expungement of the criminal record. When given a deferred sentence, you will be on probation for a time and given a number of conditions to satisfy. In a DUI case, probationary conditions will usually include attending alcohol education meetings, receiving treatment for alcohol abuse, or community service, as well as paying fines and court costs. After completing probation with all conditions satisfied, the statute states the court will order the plea of guilt or no contest expunged and the case dismissed.
  
  

Expungement Procedure

• Your right to expungement of the local court record is automatic. You should not have to take any further action to enforce it. When the court orders your DUI plea expunged and the case dismissed, the clerk of court should delete all references to your name from the court's docket, and delete the public index showing the filing of a DUI charge against you. The clerk must maintain a separate, confidential file of all obliterated names and case numbers, but only a future court order can allow access to the file.
  
  

State Criminal History Expungement

• When arrested in Oklahoma, there are two records of your arrest and subsequent prosecution. These are the court's record of the case and a criminal history file maintained by the Oklahoma State Bureau of Investigation (OSBI). The Subsection 991c expungement only pertains to the local court's record, not your OSBI criminal history file. In order to obtain a complete expungement of a state DUI record following a deferred sentence, you must take further court action pursuant to Oklahoma Statute Title 22 Subsection 18 to expunge the your OSBI file.
  
  

Subsection 18 - Expungement Qualifications

• Although expungement of your DUI record under Subsection18 is more desirable than a Subsection 991c expungement, it is harder to obtain. There are eight criteria for a Subsection 18 expungement, and you must meet at least one to qualify for such an order. If you had a DUI arrest with no formal charges ever filed, were acquitted of the charge, or had your conviction reversed on appeal and dismissed, you can receive a Subsection 18 expungement. If you completed a deferred DUI sentence, the qualifications are tricky. Expungement of the OSBI record is possible if you completed your sentence within one year of your DUI arrest or your case is more than 10 years old. You also must not have any subsequent criminal convictions. Under these criteria, if your probation period extends more than one year after your arrest, you must wait 10 years to qualify for a Subsection 18 expungement.
  
  

Subsection 18 - Expungement Procedure

• If you qualify for a Subsection 18 expungement, you must follow the procedure in Subsection 19 to obtain the expungement order. This requires filing a motion to expunge in the state district court. Some counties require filing the motion in your criminal case, while others require a separate filing in a new civil case. This is one area of law where the assistance of an attorney is advisable.