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Driver’s Record Possibly Expunged in Oklahoma


APPEALS OF ADMINISTRATIVE RULINGS MAY BE EXPUNGED

The law is changing soon. Some driver’s records may be eligible for expungement, but generally only the court file showing that the client challenged the revocation of the license and was successful. Section 18 allows for the Court to seal not only the criminal record but also “any public civil record, involving actions brought by and against the State of Oklahoma arising from the same arrest, transaction or occurrence.” 22 O.S. 18(B).


PRIMARY DRIVER’S RECORDS CANNOT BE EXPUNGED

Unfortunately at this time, you cannot expunge your Oklahoma driver’s record at DPS.  The legal reasoning that precludes expungement of the driver’s record is that the driver’s record is maintained by the Department of Public Safety (“DPS”) as part of an “administrative” procedure and not a “criminal” procedure.  The good news is that currently a driver’s record is available to the public for only three (3) years, so if you avoid any additional tickets, your record will go away on its own soon.

 

Why do you need a lawyer for a traffic ticket?

 

NOTE: If you get a ticket, be sure to contact a lawyer to handle the traffic offense.  If you get a “deferred” or “continued” sentence for a traffic offense, that offense will not be placed on your permanent driver’s record and will not be subject to public view.  That is because technically a deferred sentence or a continued sentence is not really a conviction.  Because your driver’s record only lists convictions, it is important to resolve traffic offenses in a manner that will not affect your license or your insurance. A deferred sentence is not a conviction!
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