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Question about DUI in Oklahoma

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python8

Junior Member
State Oklahoma
Info about charge: Arrest Date: 10/28/2006 had attny (who sucked) entered plea of no contest, got a sentence of deferred for 7 months to 11/28/2007 to be dism/expunged
Conditions: Fine and dui classes (all completed on time) says that it will be dismissed on payment of court costs. I paid the court costs all off on 10/30/2007.

However, the problem is that I talked to my attorney yesterday and he said that I was supposed to have it paid off a year from my arrest date which was 10/28/2007 to get the expungement I wanted. My attourney said that there are 2 types of expongement. I paid it off on 10/30/2007 (2 days after a year from my arrest date). He said we might still have a chance because the charge wasn't filed until 10/30/2007. Anyways, my question about this is will my insurance find out about my dui or will it only show that I was charged for a dui but not convicted and what will not be exponged? Is he talking about state records? And if so what will those records show? will it only show that I was arrested and charged but not convicted?

My attorney couldn't answer my questions he didn't know.

Thanks for your help.

Alan:confused:What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?
 


paguy88

Member
State Oklahoma
Info about charge: Arrest Date: 10/28/2006 had attny (who sucked) entered plea of no contest, got a sentence of deferred for 7 months to 11/28/2007 to be dism/expunged
Conditions: Fine and dui classes (all completed on time) says that it will be dismissed on payment of court costs. I paid the court costs all off on 10/30/2007.

However, the problem is that I talked to my attorney yesterday and he said that I was supposed to have it paid off a year from my arrest date which was 10/28/2007 to get the expungement I wanted. My attourney said that there are 2 types of expongement. I paid it off on 10/30/2007 (2 days after a year from my arrest date). He said we might still have a chance because the charge wasn't filed until 10/30/2007. Anyways, my question about this is will my insurance find out about my dui or will it only show that I was charged for a dui but not convicted and what will not be exponged? Is he talking about state records? And if so what will those records show? will it only show that I was arrested and charged but not convicted?

My attorney couldn't answer my questions he didn't know.

Thanks for your help.

Alan:confused:What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?

I can not anwser you question for OK...

but my state PA has a first time offender program for people who choose to avoid trail.. at the end of the program you get a full expungement... all arrest, charge records are Erased, not sure how it works in OK.
 

OkieInTheBush

Junior Member
Oklahoma

I am not a lawyer, but do know a couple of people who were in the same boat and received deferred sentences. If the court actually convicts you, which they do not on a deferred sentence, they can send your DUI to the Department of Public Safety. That move puts your crime on your driving record. Otherwise, you should be fine given this is a first time offense and will be expunged once you complete your deferred sentence. If in doubt, check your driving record. Once your DUI is expunges (automatic under Oklahoma statutes), only law enforcement will have access to the records because they are then sealed from public view with all evidence of a DUI removed from the record. The key point to remember is that you were not convicted. You were only accused and the process stopped before the judge pronounced you guilty and sentenced you.

Once you're finished with your deferment (and even when you're in it) you are not required to answer "Yes" to any question about conviction because you were not convicted. You are, however, required to say "Yes" if you are asked whether or not you've been arrested, but then say you were not convicted and (once the deferment is over) say that the charge was dismissed and expunged. The good news is that 99.959% of your questions will be about conviction, not arrests. The other .005% only pertain to people who are applying for security clearances, law enforcement, or law school. Even at that, if you're not convicted, it doesn't really matter unless you're borderline in the acceptance process or are competing against hundreds of people for one slot.

In the long haul, you can always go back and ask that your record be sealed. Some judges will allow this if you can demonstrate a valid need and pay the costs of the action. My best advice is to go find a lawyer that specializes in these sorts of actions like those either in Oklahoma City or Tulsa or, if you're in a small town, the judge's fishing buddy. They should be able to make some headway for you.
 

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