How Oklahoma’s Record Expungement and Transparency Rules Impact Accident Evidence

When filing a personal injury claim, such as after a car accident caused by another person’s negligence, strong evidence is necessary to pursue full damages. There are times when a person’s previous record, such as multiple collisions or a DUI conviction, may seem like strong evidence of previous negligent behavior. Oklahoma’s expungement laws and transparency rules, though, significantly limit public access to records related to previous accidents. Law enforcement officials may still be able to access them for future proceedings.

In Oklahoma, expungement typically results in records being sealed from public view. It’s often treated as though the incident never occurred. This can limit the evidence that is available for accident victims. Our Oklahoma personal injury lawyers can navigate this situation to strengthen your claim.

How Oklahoma’s expungement laws impact accident evidence

Under the Open Records Act in Oklahoma, expunged records are not accessible to the general public. When a qualifying record is expunged, Oklahoma law may permit the person to lawfully deny the arrest or case in certain contexts, subject to statutory exceptions. Contrary to what many people believe, expunged records are not physically destroyed. While they are not available to the general public, law enforcement and courts may access expunged or sealed records in limited circumstances, typically with court authorization.

Sealed records can also be unsealed by a court order when there are compelling reasons to do so. Private, unofficial records such as non-governmental reports or newspaper articles are not removed through expungement.

Unless there is a very compelling reason to unseal records, accident victims may find it very difficult to access expunged records.

How Oklahoma’s transparency rules impact accident evidence

Oklahoma accident reports are generally available to involved parties and others with a proper interest, though access may be limited in the immediate aftermath of a crash. However, transparency does not mean the report can be freely used in court. Under Oklahoma law, accident reports are often limited or inadmissible as direct proof of fault (though portions may be admissible depending on the circumstances). So, you can access it, but that doesn’t mean you can use it in court.

How expunged or sealed records make it more challenging to prove personal injury claims

Expunged and sealed records in Oklahoma are meant to provide individuals with a fresh start after an arrest, conviction, or accident. However, it can make it significantly more difficult for accident victims trying to prove their case. These records can create challenges in the following ways:

• Discrediting challenges: When records are expunged, the individual may in some contexts lawfully deny the arrest or case, subject to statutory limits. This makes it very difficult for accident victims to discredit them based on their previous behavior.
• Inaccessible records: Records that are expunged are removed from public access in Oklahoma. This can prevent attorneys from easily discovering previous actions that may indicate fault or negligence. For example, an attorney may not be able to access the previous DUI record of someone who caused another accident due to drunk driving. Sealed records are generally protected from disclosure, but a court may order their production during discovery if they are relevant to the case.
• Difficulty proving punitive damages: Punitive damages are not meant to compensate accident victims for their losses. Instead, they are meant to deter individuals from acting in a similar manner in the future and punish them for their actions. Punitive damages may be awarded when a defendant acts with reckless disregard for others’ rights or engages in intentional and malicious conduct. Expunged records can make this more difficult, as proving a previous history of careless behavior can help support the argument for punitive damages.

How an Oklahoma personal injury lawyer can navigate sealed records

While the expungement laws and transparency rules in Oklahoma do make it more difficult for accident victims to obtain previously sealed records, lawyers have many tools they can use to navigate these situations.

During the discovery process, an attorney can file a motion asking the court to review sealed documents to determine if they are relevant and should be released for the case. A lawyer may also subpoena law enforcement agencies to obtain original records. In these cases, the court will still review the records to determine if they can be unsealed for the case.

It is also important to note that previous records are not the only type of evidence used in personal injury cases. For example, a truck driver’s logs may show that they violated the hours of service rule, which led to a fatigued driving accident. An attorney can send a spoliation letter to the trucking company, requiring them to preserve this evidence so it can strengthen a personal injury case.

An attorney will also understand the other important types of evidence that can prove fault and damages. These can include photos, video surveillance footage, and witness statements. Early investigations to collect evidence in these matters are critical, as accident scenes may be cleared very quickly. While it is helpful to work with an attorney when filing a personal injury claim, it is especially valuable when access to previously sealed records is required.

Our personal injury lawyers in Oklahoma can help collect the evidence you need

There is a great deal of evidence required when filing a personal injury claim. At Biby Law Firm Injury and Accident Lawyers, our Oklahoma personal injury lawyers can help. We can subpoena the necessary agencies, argue for previous records to be unsealed, and take the appropriate actions during discovery that can shed light on records that could make it easier to support your claim. We can also help with collecting other important evidence that can strengthen your claim so you can pursue full damages. Call us today or contact us online to schedule a consultation with one of our experienced attorneys and to get the legal help you need during this difficult time.