You can expunge a felony DUI in Oklahoma but you have to qualify. A felony DUI can make your life difficult for many reasons. Potential employers may refuse to hire you when they find the conviction on your record. You also might struggle to get into school, find adequate housing, or obtain a loan. Fortunately, depending on your circumstances, you might be able to get the felony DUI removed from your record. Here’s how.
You Weren’t Charged, Or Your Case Was Dismissed
For starters, if you were arrested for felony DUI but no charges resulted from the arrest, then you can get your record expunged. Also, if the case against you was dropped (your charges were dismissed), then you can get your record expunged.
You Were Acquitted
Secondly, you could get a felony DUI wiped from your record if you were acquitted of the charge or your conviction has been reversed or repealed.
You Were Convicted Of A Felony That Has Been Reclassified As A Misdemeanor
If you were convicted of a felony DUI that has since been reclassified as a misdemeanor, then you can get your record expunged by meeting these requirements:
- Wait 30 days after the completion of your sentence,
- You pay court-ordered fines and restitution, and
- Successfully complete any court-ordered treatment program
You Were Convicted Of A Felony DUI
As of November 2018, Oklahoma enables you to expunge a felony DUI conviction by meeting these requirements:
- You wait five years after completing your sentence,
- Not convicted of another felony,
- You are not convicted of a separate misdemeanor within the last seven years, and
- You are not facing any misdemeanor or felony charges.
Deferred Sentence Expungement
If you obtained a deferred sentence from the judge, then after five years from your deferred sentencing date, you’ll be able to expunge a felony DUI in Oklahoma and get the felony DUI case wiped from your record. Keep in mind that this five year period starts from the date of sentencing, not the date of arrest.
Multiple Felony DUI Convictions
Moreover, as of November 2019, if you have no more than two felony convictions, then you might be able to get your record expunged as long as you have waited 10 years after the completion of your sentence.
To the extent that the governor issues you a pardon, then your record can be expunged without having to meet the waiting period.
Tulsa DUI Expungement Attorneys
Oklahoma law requires that you file a petition with the court in order to seek the expungement of your records. Depending on the type of expungement the court will hold a hearing related to the expungement, and the district attorney, arresting agency, and other officials might have the opportunity to challenge your request. For this reason, hiring an attorney is important to ensure that the expungement is carried out. To learn more about getting that DUI off of your record, reach out to the Tulsa expungement lawyers at Kania Law Office by calling (918) 743-2233 or by contacting us online.
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