If you have been arrested or convicted of an Oregon DUII you have already faced high fines and penalties including probation, a license suspension and potential jail time. But there are long-term consequences that you might not have considered when you decided to plead guilty or you lost at trial. For instance, what happens when a potential employer accesses your criminal records? It will depend on your employer, but it may be more difficult to get certain jobs if you have been arrested or convicted of a drunk driving charge. This might leaving you wondering if you can expunge or seal the drunk driving arrest or conviction.
What is an expungement?
Expungement is the process of asking the court to seal or set aside information about an arrest or a conviction. If state laws allow expungement for the charges in question the record of the arrest, police reports and conviction information can be sealed or erased.
Who can view a criminal record?
If you have been arrested and convicted of DUII the Oregon State Police Open Records Section provides criminal history reports about an incident if the DUII arrest is less than one year old and there has been no acquittal or dismissal.
Under the provisions of Oregon Revised Statute Chapter 181 and Oregon Administrative Rules Chapter 257, complete Oregon Criminal Offender Information from this Division’s files is restricted to Criminal Justice Agencies. A person or agency, other than a criminal justice agency or a law enforcement agency, may obtain Oregon Criminal Offender Information.
You will be notified that a request has been made to view your criminal information. What information may be sent about your arrest? According to the State Police Open Records Section information that is sent to the requesting party will include:
a. Date of arrest
b. Offense for which arrest was made
c. Arresting agency
d. Court of origin
e. Disposition, including sentence imposed, date of parole if any and parole revocations if any
What if your employee or potential employee is making the inquiry? They should notify you that they will seek this information.
Can an Oregon DUII be expunged?
There is more bad news. Under Oregon state law traffic offenses, including DUII, hit and run and reckless driving are not expunged. Additionally, after 2010, drunk driving arrests may be expunged if the case was dismissed, but this will not be the case if you participated in the Oregon DUII diversion program or if the state decided not to prosecute your case.
Hiring a drunk driving lawyer in Oregon
What considerations should you make prior to pleading guilty to an Oregon DUII? First, consider not only the immediate fines and penalties but also how a DUII arrest and conviction may hurt your employment options long-term. Although a DUII arrest or conviction may not impede your ability to get certain types of employment, if you are attempting to get certain government jobs or a commercial driving license it could.
Drunk driving lawyers can review your case and help you determine the best course of action after an Oregon DUII arrest.
Refer to Oregon Revised Statutes (ORS) 137.225 for specific legal information regarding expungement laws in Oregon.
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