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Can i expunge my DUI arrest record? There was no conviction and no court date.

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. Best answer

    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. Your anonymous questions could be tracked back to you by the prosecution. When in doubt, it may be a better idea to email or call a local attorney with a question rather than post it online.


  2. 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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  3. 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.

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