A Driving While Impaired (DWI) conviction can affect your life in ways beyond the initial sentencing. Since it can appear in background checks, you might be wondering if there is a way to expunge this from your record. Learning how Oklahoma addresses these situations might help you understand what your options are .
Types of expungement relief
Oklahoma has two forms of expungement under state law. A Section 991(c) expungement is a partial option that seals court records from public view but leaves your arrest record with the Oklahoma State Bureau of Investigation (OSBI) unsealed and accessible to the public.
A Section 18 expungement seals both court and arrest records that the agency holds. However, depending on the circumstances of your case, law enforcement may still have access to these records for their own purposes.
Qualifying conditions for expungement
Your path to expungement depends on the type of sentence you received, such as:
- Deferred sentence: If you received a deferred sentence and completed all terms of probation, you may qualify for a partial expungement once the court dismisses the case. Full expungement may become available one year after dismissal for a misdemeanor, or five years after dismissal for a nonviolent felony, provided you have no prior felony convictions and no pending charges.
- First-time misdemeanor with jail time: You may qualify five years after finishing your sentence, as long as no felony or misdemeanor charges are pending.
Across all of these categories, you must have paid all court fines, fees and restitution in order to fully qualify. Having an unpaid balance can delay or even prevent you from applying.
Standard procedures for petition filing
You can begin the expungement process by filing a petition in the district court where your DWI case took place. Your petition should cover the details of your case, the type of expungement you are seeking and the legal basis for your eligibility.
After that, the court will set a hearing date and provide at least 30 days’ notice to the prosecuting agency, the arresting agency and the OSBI. Each of these agencies may object if it believes the public interest outweighs your right to privacy.
If the court grants your petition, a certified copy of the order goes to the OSBI for processing. What happens next depends on which type you filed for.
For a full expungement, sealing arrest records typically takes about one month after the agnecy receives the order and the required $150 processing fee. A partial expungement has the court clerk seal your court records, and the agency updates your criminal history to reflect a dismissed case without requiring the additional fee.