Can a DUI be expunged in Oregon?
A DUI conviction cannot be expunged or sealed in Oregon. The licensing agency keeps the DUI on the driver record either way.
A DUI conviction is the offence most often written out of a state's expungement law. Where relief exists at all it usually arrives with a waiting period, a one-time limit and a list of disqualifiers, and clearing the court record is not the same as clearing the record the licensing agency keeps. The rules below are Oregon's own, each quoted from the statute or the agency that holds the record.
Also called: set aside; expungement; sealing your record.
Whether a DUI can be cleared at all
| What the relief is called | order setting aside conviction |
|---|---|
| A DUI conviction | Cannot be cleared |
| Waiting period | not stated as a fixed period |
| How it is obtained | By petition only |
| Filing fee | $0 |
ORS 137.225 does not allow a conviction for a state or municipal traffic offense to be set aside, and driving under the influence of intoxicants under ORS 813.010 is an offense of the Oregon Vehicle Code carrying a criminal penalty, which ORS 801.555 defines as a traffic offense. ORS 137.225 also bars setting aside an arrest or citation for driving under the influence of intoxicants where the charge was dismissed because the person completed a diversion agreement under ORS 813.200. The Oregon Judicial Department's self-help page on setting aside a record states that DUIIs cannot be set aside under ORS 137.225.
“Notwithstanding subsection (5) of this section, the provisions of subsection (1)(a) of this section do not apply to: (A) A conviction for a state or municipal traffic offense.”
The driving record is a separate record
This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.
Not cleared. ORS 802.200 requires the Department of Transportation to keep a nonemployment driving record that includes judgments and convictions for violation of the motor vehicle laws, along with suspensions, cancellations and revocations. The same list requires the record to carry diversion agreements entered into under ORS 813.220 within the preceding 15 years, so a DUII handled through diversion and dismissed in court still appears on the DMV driving record for that period.
“Diversion agreements entered into under ORS 813.220 within the preceding 15 years.”
What else sits on that record: suspensions and points in Oregon.
How long the wait is, and from when
No waiting period reaches a DUII conviction, because ORS 137.225 excludes traffic-offense convictions from set-aside altogether. For offenses that are eligible, ORS 137.225 sets the wait at three years from the date of conviction or release from imprisonment for a Class A misdemeanor, one year for a Class B or C misdemeanor or a violation, five years for a Class C felony and seven years for a Class B felony. For an acquittal or a dismissal, a motion may be filed at any time, except that a dismissal following a DUII diversion agreement is excluded.
“For a Class A misdemeanor, three years from the date of conviction or the release of the person from imprisonment for the conviction sought to be set aside, whichever is later.”
Automatic or by petition
Oregon clears records only on a motion filed in the court where the conviction or finding was entered. ORS 137.225 provides no automatic clearing, and the State Court Administrator is directed to create statewide forms for the motions and proposed orders the section describes. The prosecuting attorney has 120 days to object to a motion to set aside a conviction, and the court holds a hearing if an objection is filed.
“The State Court Administrator shall create forms to be used throughout the state for motions and proposed orders described in this section.”
Where it is filed, and what it costs
| Filed with | the circuit court where the conviction or finding was entered; for an arrest, citation or charge, the court in the county where the person was arrested, cited or charged |
|---|---|
| Filing fee | $0 |
| Form | Motion to Set Aside and Declaration in Support · courts.oregon.gov |
ORS 137.225 states that a person filing a motion under the section is not required to pay the filing fee established under ORS 21.135, and the Oregon Judicial Department motion form is marked no filing fee. A copy of the motion is served on the prosecuting attorney who prosecuted the offense. The person forwards a full set of fingerprints to the Department of State Police and pays that department a fee for a criminal record check, in an amount not to exceed the actual cost of performing the check. The prosecuting attorney may not charge a fee.
“A person filing a motion under this section is not required to pay the filing fee established under ORS 21.135.”
Whether a cleared DUI still counts as a prior
ORS 813.011 makes driving under the influence of intoxicants a Class C felony where the defendant has two prior qualifying convictions in the 10 years before the current offense. ORS 802.200 separately keeps a DUII diversion agreement on the Department of Transportation driving record for 15 years.
“Driving under the influence of intoxicants under ORS 813.010 shall be a Class C felony if at least two times in the 10 years prior to the date of the current offense the defendant has been convicted of any of the following offenses in any combination”
The statute: ORS 137.225
“any person convicted of an offense, or found in contempt of court, who has fully complied with and performed the sentence of the court for the offense or contempt finding, and whose conviction or finding is described in subsection (5) of this section, by motion may apply to the court where the”
Questions about clearing a DUI in Oregon
- Can a DUII conviction be set aside in Oregon?
- No. ORS 137.225 states that the set-aside provisions do not apply to a conviction for a state or municipal traffic offense, and ORS 801.555 defines a traffic offense to include any provision of law for which a criminal or traffic violation penalty is provided in the vehicle code. The Oregon Judicial Department's self-help page states that DUIIs cannot be set aside under ORS 137.225.
- Does completing DUII diversion make the record eligible for a set-aside?
- No. ORS 137.225 states that the set-aside provisions for arrests, citations and charges do not apply to an arrest or citation for driving while under the influence of intoxicants if the charge is dismissed as a result of the person's successful completion of a diversion agreement described in ORS 813.200.
- Does the DUII come off the Oregon DMV driving record?
- ORS 802.200 requires the Department of Transportation nonemployment driving record to include judgments and convictions for violation of the motor vehicle laws, and to include diversion agreements entered into under ORS 813.220 within the preceding 15 years. A DUII dismissed through diversion therefore still shows on the driving record for 15 years.
Sources
- ORS 137.225 — Order setting aside conviction, contempt finding or record of criminal charge (Oregon Legislature, ORS chapter 137)
- ORS 801.555 — Definition of 'traffic offense' (Oregon Legislature, ORS chapter 801)
- ORS 802.200 — Required records; contents of the driving record (Oregon Legislature, ORS chapter 802)
- ORS 813.011 — Felony driving under the influence of intoxicants; 10-year prior-offense rule
- Oregon Judicial Department — Setting Aside an Arrest, Dismissal and/or Conviction (self-help)
- Oregon Judicial Department — Motion to Set Aside and Declaration in Support (statewide form)
Cite this page
Every state page quotes the statute or agency page each value comes from; when citing this page, include the verification date shown above.
WheelsBack. "DUI expungement and record sealing in Oregon." Verified against primary sources August 29, 2026; sources re-checked September 4, 2026. https://wheelsback.com/oregon/dui-expungement/