Can i expunge my DUI arrest record (No conviction/No court date) ?

Asked 12 months ago - Portland, OR

All,

Please help me here very urgent, I got 8 months old DUI arrest.

I believe officer didn't file my case in court. They gave me court date after 4 days on arrest, when i went to court, they don't have my papers.

I oredered court document and police report for my records a week back, court says "no record found" and police report just stats my "arrest record"

I understood that one cannot file expungement after DUI conviction and DUI diversion. But one can file if case is dismissed for any reason.

Am i eligible for expungement after 8 months arrest, or do i need to wait for 2 years (as Oregon has 2 years time-period), Please help here, I need to go to out of United State for VISA stamping in coming months. Will it be a problem if i go for stamping in this case ?

Attorney answers (3)

  1. Jonah Morningstar

    Pro

    Contributor Level 10

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    Answered . It sounds like you were arrested but no charges were ever filed. The expungement statute (ORS 137.225) requires you to wait a full year for that type of arrest to be expunged. If, however, a charge was filed and dismissed, you are correct that it would be expungeable now. If you wish to discuss this further, feel free to contact my office at 541-482-2533 or 503-836-3420.

    Posting details about a criminal case in a public forum is dangerous and could seriously damage your defense.... more
  2. Andrew M Kohlmetz

    Pro

    Contributor Level 7

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    Answered . you can apply for expunction after 1 year if there has been no charge. You have 4 more months it seems. I would also recommend considering not moving for expunction until the statute of limitations runs.

  3. Alexander M. Ivakhnenko

    Contributor Level 20

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    Lawyers agree

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    Answered . An unfiled DUI charge with only an arrest should not prevent you from a visa stamping abroad, however, if requested that must be disclosed. In terms of eligibility of expunging the arrest record, please seek further assistance from a local criminal counsel in your area.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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