Does an Oklahoma driver's license suspension stay on my motor vehicle report after it is lifted?
Plain-English summary
Service Oklahoma (SOK) and the old Driver License Services Division at DPS read the same statute two different ways. The question: when SOK pulls a Motor Vehicle Report (MVR), does an old suspension show up if the suspension has already been closed and the driver is back on the road?
Attorney General Gentner Drummond sided with SOK. Section 6-117(D) of title 47 requires the MVR to capture any action against driving privileges in the prior three years. The statute uses the broad word "any" without distinguishing between active and inactive suspensions. So a closed suspension still appears on the report for three years from the date it was entered.
There is one carve-out. A suspension issued for failing to pay a fine gets removed from the driving record once the fine is paid. After removal, that specific suspension no longer appears on the MVR. No other type of closed suspension qualifies for that treatment.
What this means for you
If you are an Oklahoma driver
A driver's license reinstatement is not the same as a clean record. Even after SOK lifts your suspension, anything on your MVR for the prior three years stays visible. That can affect:
- Insurance underwriting and rates
- Commercial driver hiring (DOT-regulated employers pull MVRs)
- Background checks for jobs that involve driving
- Court-ordered driving evaluations
If your suspension was for unpaid fines, paying the fine triggers removal from the driving record under § 6-117(A)(3). That is the only category of suspension that gets erased on the front end. For other suspensions (DUI, points, insurance lapses, etc.), the MVR notation simply runs out the three-year window.
The opinion also notes that MVR records are not subject to expungement under Oklahoma's public-civil-record statute, so you cannot petition a court to erase them.
If you employ commercial drivers or run a fleet
When you pull an MVR through SOK, expect to see closed suspensions in the three-year window. This is not a database error. Adjust your hiring rubric accordingly: a closed suspension does not necessarily mean an active disqualification, but it does mean the conduct happened.
If you handle insurance underwriting
The MVR you receive from SOK will surface inactive suspensions for three years. Confirm with the applicant whether the underlying issue was resolved, but do not assume the absence of an active suspension means a clean three-year history.
If you are an Oklahoma attorney advising a client
The plain language ruling is firm. Counsel clients that reinstatement does not erase the record. The only realistic path to remove a non-fine suspension early is the three-year statutory window itself. SOK is also permitted under § 6-206(D)(3) to keep an internal audit record of fine-related suspensions even after they are removed from the public driving record.
Common questions
Q: My license was suspended a year ago, then reinstated. Will it still show up if I get pulled over?
A: An MVR pulled today will show that suspension. The suspension notation stays for three years from the date it was entered, regardless of whether the suspension itself was lifted.
Q: I paid off old traffic fines. Does that clear the record?
A: It clears that specific type of suspension only. Section 6-117(A)(3) requires SOK to remove the suspension notation from your driving record once you pay the fine and your driving privilege is reinstated. Other suspension types stay.
Q: Can I expunge my MVR?
A: No. Section 6-117(D) explicitly excludes the MVR from the definition of a "public civil record" eligible for expungement.
Q: How long does an MVR look back?
A: Three years. The statute caps the report at "the three (3) years preceding the date of the request."
Q: Why did this question even come up?
A: SOK and DPS interpreted § 6-117(D) differently when SOK took over driver licensing in late 2022. DPS had read the statute to require only active suspensions; SOK read it as requiring all suspensions in the three-year window. The AG resolved the disagreement in SOK's favor.
Background and statutory framework
In May 2022, the Oklahoma Legislature created Service Oklahoma to consolidate driver licensing (previously at DPS) and motor services (previously at the Tax Commission). On November 1, 2023, SOK became a free-standing state agency.
Section 6-117(D) describes what an MVR contains: collisions, convictions for motor vehicle laws, and "any action taken against the privilege of the person to operate a motor vehicle, as shown by the files of [SOK] for the three (3) years preceding the date of the request." The AG read "any action" to capture both active and inactive suspensions. The narrow exception in subsection (A)(3) for fine-related suspensions only reinforces the reading: the legislature spelled out one removal mechanism, implying the absence of any other.
The opinion applies standard Oklahoma statutory construction: when text is plain and unambiguous, courts apply the ordinary meaning, and "expressio unius est exclusio alterius" (mention of one thing in a statute impliedly excludes another).
Citations and references
Statutes:
- 47 O.S.Supp.2023, § 6-117, MVR contents, removal of fine-related suspensions, expungement bar
- 47 O.S.Supp.2022, § 1-173, Definition of "suspension" of driving privilege
- 47 O.S.Supp.2022, § 6-206(D): Suspension procedure for failure to pay a fine
Cases:
- Leo v. Oklahoma Water Res. Bd., 2023 OK 96, 536 P.3d 939, plain meaning controls when statute is unambiguous
- Frank Bartel Transp., Inc. v. State ex rel. Murray State College, 2023 OK 121, 540 P.3d 480, courts will not subject plain statutes to judicial construction
- Patterson v. Beall, 2000 OK 92, 19 P.3d 839, expressio unius canon
Source
- Landing page: https://oklahoma.gov/oag/opinions/ag-opinions/2024/ag-opinion-2024-1.html
- Original PDF: https://oklahoma.gov/content/dam/ok/en/oag/opinions/ag-opinions/2024/ag_opinion_2024-1_z-29.pdf
Original opinion text
GENTNER DRUMMOND
ATTORNEY GENERAL
ATTORNEY GENERAL OPINION
2024-1
Jay Doyle, Chief Executive Officer
Service Oklahoma
6015 N. Classen Blvd.
Oklahoma City, OK 73118
February 5, 2024
Dear Chief Executive Officer Doyle:
This office has received your request for an official Attorney General Opinion in which you ask,
in effect, the following question:
Does title 47, section 6-117(D) (Supp.2023) of the Oklahoma Statutes require
a suspension to appear in a person’s motor vehicle report (“MVR”) for three
years even after the suspension has been closed and a person’s driving
privilege reinstated?
I.
SUMMARY
Yes. Unless removed from the driving record by a manner authorized by law, title 47, section 6117(D) (Supp.2023) requires a suspension to remain in the MVR for three years even after Service
Oklahoma (“SOK”) lifts the suspension and reinstates a driving privilege.
II.
BACKGROUND
First created on May 19, 2022, as a division of the Office of Management and Enterprise Services
(“OMES”), SOK is tasked with all the powers, duties, and responsibilities previously exercised by
the Driver License Services Division of the Oklahoma Department of Public Safety (“DPS”),
effective November 1, 2022, and the Motor Services Division of the Oklahoma Tax Commission,
effective January 1, 2023. 2022 Okla. Sess. Laws ch. 282, § 1 (codified at 47 O.S.Supp.2022, § 3101). 1 Among its many and various responsibilities and duties is the preparation and furnishing of
an MVR. An MVR summarizes a person’s driving record and includes “the enumeration of any
motor vehicle collisions, reference to convictions for violations of motor vehicle laws, and any
action taken against the privilege of the person to operate a motor vehicle, as shown by the files of
On November 1, 2023, SOK became a separate and distinct state agency from OMES. 2023 Okla. Sess.
Laws ch. 47, § 2 (1st Extra. Sess.).
1
313 N.E. 21ST STREET • OKLAHOMA CITY, OK 73105 • (405) 521-3921 • Fax: (405) 521-6246
Jay Doyle, Chief Executive Director
Service Oklahoma
A.G. Opinion
Page 2
[SOK] for the three (3) years preceding the date of the request.” 2 47 O.S.Supp.2023, § 6-117(D).
Crucially, an MVR is not a person’s complete driving history. An MVR contains only a three-year
snapshot of a person’s driving record. Id.
Based on information provided to this office by SOK, prior to SOK assuming DPS’s duties and
responsibilities regarding MVRs, DPS interpreted section 6-117(D) to require only the inclusion
of active suspensions in a person’s MVR. SOK takes the opposite view and interprets section 6117(D) to require the inclusion of active and inactive suspensions in an MVR. In light of this
difference in legal opinion between two state agencies, SOK request this office to resolve this
difference in interpretation.
III.
DISCUSSION
The first step is to determine if the questioned language of title 47, section 6-117(D) (Supp.2023)
is clear and unambiguous. If the language is clear and unambiguous, then the plain and ordinary
meaning of the words of the statute must be applied. Leo v. Oklahoma Water Res. Bd., 2023 OK
96, ¶ 17, 536 P.3d 939, 947. If the language is ambiguous, then statutory interpretation begins.
As stated above, section 6-117(D) mandates the inclusion of the following in an MVR: “the
enumeration of any motor vehicle collisions, reference to convictions for violations of motor
vehicle laws, and any action taken against the privilege of the person to operate a motor vehicle,
as shown by the files of [SOK] . . . .” 47 O.S.Supp.2023, § 6-117(D) (emphasis added). Further,
title 47, section 1-173 defines the suspension of a person’s driving privilege as the “temporary
withdrawal by formal action of [SOK] of a person’s privilege to operate a motor vehicle on the
public highways.” 47 O.S.Supp.2022, § 1-173 (emphasis added). As a result, a suspension of a
person’s driving privilege constitutes an action includable in an MVR.
Notably, section 6-117(D) does not distinguish between active and inactive actions let alone active
versus inactive suspensions. Section 6-117(D) instead uses broad language by using the word ‘any’
to capture all information applicable to a person’s driving record. Moreover, the MVR can only
contain the actions, convictions, and motor vehicle collisions reported to SOK and in its files. Id.
§ 6-117(D) Accordingly, the law is clear and unambiguous. 3
Finally, only one type of suspension receives different treatment under Oklahoma law relating to
its inclusion in the MVR. Pursuant to title 47, section 6-206(D) of the Oklahoma Statutes, SOK
“shall” suspend a person’s driving privilege for failure to pay a fine “no earlier than one hundred
As a matter of law, driving records documented in the MVR are not expungable. The “Motor Vehicle Report,
to include any record or information associated with the Motor Vehicle Report, shall not be deemed a ‘public civil
record’ as defined in Section 18 of Title 22 of the Oklahoma Statutes, and shall not be subject to expungement.” 47
O.S.Supp.2023, § 6-117(D) (emphasis added).
2
“If a statute is plain and unambiguous, it will not be subjected to judicial construction . . . .” Frank Bartel
Transp., Inc. v. State ex rel. Murray State College, 2023 OK 121, ¶ 5, 540 P.3d 480, 483 (citation omitted).
3
Jay Doyle, Chief Executive Director
Service Oklahoma
A.G. Opinion
Page 3
eighty (180) days after giving notice . . . .”4 47 O.S.Supp.2022, § 6-206(D). However, this
suspension can be lifted and the record of the suspension removed from the driving record after
the person has paid the fine. 47 O.S.Supp.2023, § 6-117(A)(3). 5 This exception in paragraph 3,
subsection A of section 6-117 concerning SOK’s records is the only provision permitting and, as
a matter of fact, mandating the removal of a suspension from a person’s driving record. 6 As a
result, once the suspension notation is removed from the driving record, the ‘inactive’ suspension
for failure to pay a fine will not appear in an MVR since only actions “shown by the files of [SOK]”
appear in an MVR. 47 O.S.2023, § 6-117(D). 7
It is, therefore, the official Opinion of the Attorney General that:
Unless a suspension has been removed from the driving record by a manner
authorized by law, title 47, section 6-117(D) (Supp.2023) requires a suspension
to appear in a person’s motor vehicle report for three years even after the
suspension has been closed and a person’s driving privilege reinstated.
GENTNER DRUMMOND
ATTORNEY GENERAL OF OKLAHOMA
WHITNEY HERZOG SCIMECA
ASSISTANT ATTORNEY GENERAL
Title 47, section 6-212.5, prior to its amendment in 2022, is not being addressed here. The language in the
statute involves revocation, not suspension, “[u]pon successful completion of the program, the records of the
Department will be updated to indicate completion of the program by the person without revocation. No reinstatement
fee will be charged to the person.” 2019 Okla. Sess. Laws ch. 400, § 9 (codified at 47 O.S.Supp.2019, § 6-212.5(C)).
4
“Any notation of suspension of the driving privilege of a person for reason of nonpayment of a fine shall be
removed from the driving record after the person has paid the fine and the driving privilege of the person is reinstated
as provided for by law[.]” 47 O.S.2023, § 6-117(A)(3).
5
To ascertain legislative intent here, the maxim ‘expressio unius est exclusio alterius,’ or that the mention of
one thing in a statute impliedly excludes another thing, may be applied. Patterson v. Beall, 2000 OK 92, ¶ 24, 19 P.3d
839, 845. Here, the only time that Oklahoma law permits (and requires) the removal of a suspension from an MVR is
in section 6-117(A)(3) of title 47.
6
SOK may, however, “retain an internal record for audit purposes” of the suspension for nonpayment of a
fine and costs after reinstatement and removal from the driving record. 47 O.S.Supp.2022, § 6-206(D)(3).
7