For years, there was no expungement of an Oregon DUII arrest. But in response to DUII Enforcement Officer of the Year David Cox’s repeated arrests of sober drivers, the 2010 legislature amended Oregon’s expungement statute to permit set aside of DUII (or other Vehicle Code) arrests in two situations:
“(c) If no accusatory instrument is filed, at any time after 60 days from the date the prosecuting attorney indicates that the state has elected not to proceed with a prosecution or contempt proceeding, an arrested, cited or charged person may apply to the court in the county in which the person was arrested, cited or charged, for entry of an order setting aside the record of the arrest, citation or charge.
(d) At any time after an acquittal or a dismissal other than a dismissal described in paragraph (c) of this subsection, an arrested, cited or charged person may apply to the court in the county in which the person was arrested, cited or charged, for entry of an order setting aside the record of the arrest, citation or charge.”
ORS 137.225(1)(c) and (d).
The first situation is commonly referred to as “no complaint” at arraignment. The second refers to a prosecutor dismissing a case, or your lawyer winning at trial in favor of acquittal. In either of those situations, DUII and Vehicle Code arrests can now be expunged.
DUII diversion dismissals are not subject to expungement, specifically. “The provisions of subsection (1)(c) or (d) of this section do not apply to an arrest or citation for driving while under the influence of intoxicants if the charge is dismissed as a result of the person’s successful completion of a diversion agreement described in ORS 813.200.” ORS 137.225(8).
DUII or Vehicle Code convictions are similarly never expungeable in Oregon, as there’s no expunging “A conviction for a state or municipal traffic offense.” ORS 137.225(7)(a).
Since DUII and Vehicle Code convictions are never expungeable, it’s important to be thoughtful and circumspect before pleading guilty to those offenses. If there’s a desire to expunge, your lawyer can talk to you about the relative strengths and weaknesses of your case, and you can decide together whether setting the case for trial might be the right thing to do.