An Oregon driving under the influence (DUI) charge risks a number of frustrating consequences. Motorists convicted of a DUI offense may face jail time, financial penalties and a driver’s license suspension. They also have a criminal record of the charges that turns up every time an employer, a landlord or another interested party conducts a criminal background check.
Expungement or record sealing is one form of post-conviction relief that can help people move on after a brush with the criminal justice system. Are Oregon DUI charges eligible for expungement?
Arrests and dismissed charges might be eligible
The expungement process in Oregon involves a formal request for the courts to set aside a prior conviction and seal the public records of the offense. Oregon’s expungement and record sealing rules effectively prohibit the feeling of DUI convictions.
Those who plead guilty or get convicted at a trial do not have the option of expunging the records of their convictions. However, those arrested but not prosecuted could expunge the record of their arrest. Those charged with a DUI could expunge that charge record if the prosecutor dismissed the case or the courts acquitted them after a criminal trial.
The records maintained about the arrest and the unsuccessful charges may be eligible for sealing, which can help people qualify for opportunities that they might not otherwise have access to after a DUI arrest. Those with DUI convictions on their records could request post-conviction relief in cases where their legal representation was ineffective or their conviction was unconstitutional.
Reviewing the charges and other details about this kind of situation with an Oregon defense attorney familiar with post-conviction relief can help people evaluate their options. While expungement of a prior DUI conviction isn’t possible, record sealing could be helpful for those who want to move forward.