Is Expungement Possible for an Oregon DUII?

Oregon driving under the influence of intoxicant (DUII) laws are strict compared to other states. Many people who have been arrested for a DUII in Oregon wonder if it’s possible to have the charges expunged from their record and how long it may stay on their record. Expungement isn’t possible for an Oregon DUII. Oregon state law prohibits the expungement of DUI convictions, even if they have been dismissed after completing a diversion program. If you live in Oregon, a DUII will stay on your record permanently.

What is Expungement?

After you have completed a criminal punishment, many people turn to a criminal defense attorney to help expunge the conviction from their record. Expungement varies from state to state and certain crimes cannot be expunged from your record. Expungement proceedings request that the court set aside or seal information about an arrest or conviction. If allowed, the charges in question including the police reports, conviction information and record of the arrest may be sealed or erased.

Convictions Not Eligible for Expungement:

• Sex crimes
• Endangering the welfare of a child
• Non-compliance with your sentence
• Incomplete probation obligations
• Traffic offenses including DUI

Who Can See Your Criminal Record?

Oregon state law provides public access to your criminal history record through the Criminal Justice Information Services (CJIS) Division in Salem. The only third party that can obtain a complete criminal history is a criminal justice or law enforcement agency. Limited information is available to the general public for arrests and convictions that are less than one year old on the date of the request. Anyone can learn the date of arrest, nature of the offense, the court of origin, arresting agency, and sentence. Employers must notify you in writing before they request this information.

How Long Does an Oregon DUII Stay on Your Record?

Oregon has some mechanisms in place to get some crimes expunged from your record; however, if convicted of a DUI in Oregon, the court cannot erase the conviction from your record. DUIs in Oregon stay on your record forever.

If you have been arrest on suspicion of a DUI, but haven’t been convicted because charges were dismissed, you were acquitted or the case was never filed it’s possible to have your DUI arrest set aside.

What about if you complete a diversion program? DUII offenders who complete diversion successfully don’t qualify to have their arrest records expunged under Oregon law. This means the arrest stays on your record with no conviction entered.

Get Ahead of DUII Charges

Hiring an experienced criminal defense attorney helps you navigate your criminal charges. Ricky R. Nelson specializes in DUII and criminal defense law in Central Oregon. Contact Nelson Law for free case consultation and more information about DUII laws and expungements in Oregon.