If you have been convicted or arrested for a DUII in the state of Oregon you have faced strong penalties and high fines already, including a license suspension, probation, and possibly jail time. However, there are also long-term consequences you may have not considered when you either lost at trial or plead guilty. For example, what occurs when a prospective employer is able to access your criminal records? That will depend on the employer. However, if you have been convicted or arrested for drunk driving, it might make it harder for you to get some jobs. That could lead you to wonder whether or not your drunk driving conviction or arrest can be sealed or expunged.
What is Expungement?
It refers to the process where a court is asked to set aside or seal information about a conviction or arrest. If an expungement is allowed by state laws for the specific charges, then the conviction information, police reports, and arrest record can be erased or sealed.
Who is Able to View Criminal Records?
If you are arrested and then convicted of DUII, then criminal history reports regarding the incident are provided by the Oregon State Police Open Records Section if the DUII arrest is under one year old and there has not been a dismissal or acquittal. Under Oregon Administrative Rules Chapter 257 and Oregon Revised Statute Chapter 181 provisions, complete information of an Oregon Criminal Offender from the Division’s files can only be accessed by Criminal Justice Agencies. An agency or person, other than a law enforcement agency or criminal justice agency can obtain information on an Oregon Criminal Offense. You are notified when a request is made to see your criminal information.
What type of information can be sent regarding your arrest? The State Police Open Records Section states that the information that is sent to a party requesting it will include the following: Date of your arrest, the Offense that the arrest was made for, Court of Agency the Arresting Agency, and Disposition, which includes the sentence that has been imposed along with any date(s) of parole and parole revocations.
What if a prospective employer or current employer is making an inquiry?
They should inform you that they are seeking this information.
Can a DUII in Oregon be Expunged?
Unfortunately, here is some bad news. Under Oregon’s state law for traffic offenses, which include reckless driving, hit and run, and DUII, these offenses cannot be expunged. However, after 2010, arrest for drunk driving can be expunged when the case was dismissed. However, that is not the case if the state made the decision to not prosecute your case or you participated in Oregon’s DUII diversion program.
What Should I Consider Before Hiring a Drunk Driving Attorney?
Before pleading guilty to a DUII in Oregon, what do you need to consider?
First of all, you need to consider how a DUII arrest and conviction might harm your long-term employment options in addition to the immediate penalties and fines. Although a DUII conviction or arrest might not impede you being able to get some forms of employment if you are trying to get a commercial driving license or certain government jobs, it might. You can have a drunk driving attorney review your case and help you decide what the best course of action is following a DUII arrest in Oregon. For specific legal information on Oregon expungement laws, please see Oregon Revised Statutes (ORS) 137.225.
Contact Portland DUI Guy for Help Beating the Case!
While expungement may not always be an option for your DUI case, hiring an experienced DUI defense attorney in Oregon is always a choice you have. The Portland DUI Guy is ready to fight for your rights and minimize the impact of a drunk driving arrest on your future. Contact our office today to schedule a risk-free consultation!
