What is an Expungement?

An expungement in Oregon removes a criminal conviction or arrest from your court record and public view. It’s also known as setting aside a record. Occasionally, you may even hear it referred to as an expunction.

Oregon Revised Statue ORS 137.225 allows some types of records to be erased from a person’s Computerized Criminal History (CCH). Convictions cannot be set aside:

• until after 3 years have passed from the pronouncement of judgment

• if you are still on probation, parole, or post-prison supervision

• if you have been convicted of another crime (excluding motor vehicle violations) within the 10-year period immediately preceding the filing of your motion

Can my traffic tickets be set aside? What about DUIIs?

ORS 137.225 does not allow for traffic violations or traffic crimes to be set aside. This means that your speeding ticket or any other traffic violation or offense is not eligible. It also means that DUII convictions do not qualify for set aside because DUIIs are defined as a traffic offense under Oregon law.

The only way to have a DUII set aside is if the case was never filed, the DA dismissed the charges (took no action), or you were acquitted of the charges. Even if you entered a diversion program, successfully completed the program, and the case was dismissed – you still do not qualify for a set aside under Oregon law.

Riverfront law can help you through the complex and legthy court process of preparing and submitting an expungement. Contact us today at 503.990.6093 and let us help you.