Clearing a DUI From Your Record in Oregon
Whether a DUI or DWI conviction can be expunged or sealed in Oregon, and what to do instead if it can't.
Short answer: No. Convictions for state or municipal traffic offenses cannot be set aside under ORS 137.225, and Oregon defines a "traffic offense" to include offenses penalized in the vehicle code, where DUII appears. ORS 137.225(7)(a)(A), (8)(a); ORS 801.555
| DUI / DWI convictions | No. Convictions for state or municipal traffic offenses cannot be set aside under ORS 137.225, and Oregon defines a "traffic offense" to include offenses penalized in the vehicle code, where DUII appears. A DUII arrest or charge that was dismissed after the person completed a DUII diversion agreement also cannot be set aside. |
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| How to apply | File a motion to set aside in the court where the conviction was entered. For arrests or charges, file in the county of the arrest, citation or charge. Serve a copy on the prosecutor, who has 120 days to object and must notify any victim. Send a full set of fingerprints to the Oregon State Police and pay its criminal record check fee. If the prosecutor objects, the court holds a hearing where the victim may speak. If the person is otherwise eligible, the court must grant the motion unless it finds, by clear and convincing evidence, that the person's behavior since the conviction creates a risk to public safety. If there is no objection, the court grants the motion. The State Court Administrator is required to create statewide motion and order forms. Source: ORS 137.225(1)-(3), (12) |
Where to get help in Oregon
More Oregon expungement & criminal records
- Getting a Copy of Your Oregon Criminal Record
- Expunging or Sealing a Felony in Oregon
- How to File for Expungement in Oregon
- Sealing or Expunging Juvenile Records in Oregon
- All Oregon expungement & criminal records rules
FAQ
Can a DUI be expunged in Oregon?
No. Convictions for state or municipal traffic offenses cannot be set aside under ORS 137.225, and Oregon defines a "traffic offense" to include offenses penalized in the vehicle code, where DUII appears. A DUII arrest or charge that was dismissed after the person completed a DUII diversion agreement also cannot be set aside.
How do you file for expungement in Oregon?
File a motion to set aside in the court where the conviction was entered. For arrests or charges, file in the county of the arrest, citation or charge. Serve a copy on the prosecutor, who has 120 days to object and must notify any victim. Send a full set of fingerprints to the Oregon State Police and pay its criminal record check fee. If the prosecutor objects, the court holds a hearing where the victim may speak. If the person is otherwise eligible, the court must grant the motion unless it finds, by clear and convincing evidence, that the person's behavior since the conviction creates a risk to public safety. If there is no objection, the court grants the motion. The State Court Administrator is required to create statewide motion and order forms.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.