DUI Expungement - A twist on the normal process
How To Get A DUI Expungement
In Oklahoma, getting a full DUI expungement requires an additional step that other criminal cases do not. Because DUI cases have trailing civil cases, you will need to erase the civil case from the public record as well. If you have a DUI, pull up OSCN. You can do so by opening OSCN here.
Take a look at your criminal case, there should be a criminal case number that starts with either CM or CF. For example, a DUI filed in 2015 will read as CM-2015-1234. This is your criminal case number. There may also be another case number with your name next to it that starts with a CV or an MI. This is your drivers license administrative appeal. An administrative appeal will read as CV-2015-1234 or MI-2015-1234. The case style varies from county to county.
What Is A Drivers License Appeal?
When you get a DUI you fight a battle on two different fronts. The first battle is your criminal case in the county or municipal court. Your next battle is to keep your license from being suspended by the Oklahoma Department of Public Safety. Both battles are difficult but very important to win. Due to the lack of public transportation in Oklahoma, most people rely on their cars to get everywhere. Losing your license or getting an interlock device may impact every part of your life. That's why expunging a DUI can help clear your record and your good name.
Fighting for Your License After a DUI
First, when you are arrested for a DUI you receive a temporary license and a notice of revocation. The temporary license is good for only 30 days. Second, you or your lawyer must turn in a Request for Administrative Hearing within 15 days of the arrest. If you do not request an administrative hearing, you may still be able to install an interlock device in your car. If you do request an administrative hearing, your lawyer will have a phone hearing sometime after the arrest.
A phone hearing takes place between your arresting officer and your lawyer. A DPS employee manages or "conducts" the hearing. The entire goal of the hearing is to determine whether or not probable cause existed to pull you over. If there was no probable cause, the officer does not appear for the hearing, or DPS violates a rule, DPS does not revoke your license.
If, however, DPS determines there was probable cause for the arrest then DPS will start the process to revoke your license. You can, however, appeal the decision made by DPS and ask the courts to throw out the decision. This is the case that you will need to have expunged from OSCN and ODCR.
Removing the DPS appeal from OSCN and ODCR is a common-sense approach to completely clearing your record. The Oklahoma legislature finally allowed expungement attorneys and lawyers to pull these from the internet. This does not, however, change your motor vehicle record (MVR). The points accumulated from your DUI still remain on your license in spite of an expungement.