Can a DUI be expunged from your record in Oregon?
If you were convicted of a DUI, or if you had a DUI dismissed via the diversion program, then you are not able to expunge those records. However, if you were charged with a DUI but the case was dismissed, or if you were acquitted at trial, then you may be eligible.
- Expungement is a legal process to clear records of an arrest and/or criminal court proceedings
- You cannot expunge a DUI conviction in Oregon
- You cannot expunge a DUI which was dismissed due to the diversion program
- If you were arrested for a DUI but the DA never filed charges, you may be eligible for expungement
- If your case was dismissed by the court or the DA, you may be eligible for expungement
- If you were acquitted at trial, you may be eligible for expungement
About Expungement:
Expungement proceedings request that the court set aside or seal information about an arrest or conviction. If successful, the court’s records, and law-enforcement records relating to the arrest, are sealed. At that point you are able to answer questions related to those things as though they never happened. In addition to the many practical reasons for clearing your record, like employment and housing opportunities, clearing a conviction off your record can bring peace of mind.
If you have been arrested for a DUI that was dismissed, or you were found “not guilty” at trial, then you might be able to get those records expunged.
FAQ about DUI expungement:
Can a DUI be expunged from your record in Oregon? Not after a DUI conviction or after a DUI Diversion dismissal. If you were arrested for DUI but the case was dismissed or not charged, or if you won at trial, then you may be eligible.
What is the expungement process in Oregon? It involves filing a number of documents into the court in which your case was charged as well as a background check from the State Police. If the DA’s office objects, then you will need to appear in court to make arguments in front of a judge.
Do I need a lawyer for my expungement? Like most legal matters, it is possible to represent yourself. Involving a professional will help you make the best decisions, ensure that all the paperwork is filed correctly, and you’ll have a much better chance at success if the DA’s office objects.
How long does an expungement take? This depends on which court you are filing in, and how big their backlog is. We have seen the process take over a year.
How much does it cost? In terms of court fees, as of 2022, many cases no longer require a filing fee. The required State Police records check currently costs $33. You can look up court fees at this link.
Can a DUI be expunged in Oregon? A DUI conviction cannot be expunged in Oregon. A DUI dismissal cannot be expunged either. A DUI which was dismissed by other means – or was never officially charged – can be.
Should I get my DUI expunged? If your case is eligible, you should get the advice of your DUI lawyer before attempting expungement. Their advice will likely depend on how much time has passed.
What about expungement for my non-DUI charges? If you were convicted of other charges related to your DUI case, talk to your Reynolds Defense Firm attorney to find out whether those charges can be expunged.
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