Can I Expunge a DUII in Oregon?

Unfortunately, no. Oregon law does not allow DUII (Driving Under the Influence of Intoxicants) convictions to be expunged. We know this isn't what you want to hear — it's one of the most common questions we get — but the law is clear on this one.

Why DUII Cannot Be Expunged

Oregon's expungement law, ORS 137.225(7)(a), specifically says traffic offenses can't be set aside:

The provisions of this section do not apply to... a conviction for a state or municipal traffic offense.

DUII (ORS 813.010) is part of the Oregon Vehicle Code (ORS chapters 801–826). Because it's a vehicle code offense, it counts as a "traffic offense" under ORS 801.555 — which means it can never be expunged, no matter how long ago it happened.

Does This Apply to All DUII Convictions?

Yes — all of them. The traffic offense exclusion covers:

• First-offense DUII (Class A misdemeanor)
• Felony DUII (Class C felony — applies when a person has two or more prior DUII convictions within the preceding 10 years, or any prior felony DUII)
• DUII with a controlled substance
• DUII with an accident or injury

There are no exceptions, no waiting periods, and no special circumstances that would make a DUII eligible for expungement in Oregon.

What About a Diversion?

If you completed a DUII Diversion program and your case was dismissed, you weren't convicted — which is good. But here's the tough part: the arrest record from a DUII diversion can't be sealed either. ORS 137.225(8) specifically excludes DUII diversion dismissals from the set-aside rules. That means the arrest stays on your record even though you were never convicted.

The diversion entry will also appear on your driving record maintained by the Oregon DMV.

Can I Plea Bargain Down to a Lesser Charge?

No. Oregon law (ORS 813.170) prohibits pleading guilty or no contest to another offense in exchange for dismissal of a DUII charge. Unlike many other states, Oregon does not allow "wet reckless" plea deals or similar arrangements. DUII diversion (described above) is the only statutory alternative to a DUII conviction or trial.

Alternatives for DUII Convictions

Governor's Pardon

A governor's pardon is one of the few options for someone with a DUII conviction who wants to address their record. Since 2019 (SB 388), pardons in Oregon trigger a process to seal the conviction record. However, pardons are rare and discretionary. For more information, see our guide on expungement vs. pardon in Oregon.

Certificate of Rehabilitation

Oregon does not currently offer a formal "certificate of rehabilitation" program. However, you can gather documentation of rehabilitation (completion of treatment programs, community service, employment history) to present to employers or licensing boards who ask about your record.

Other Charges on Your Record May Be Eligible

Even though your DUII can't be expunged, you may have other convictions on your record that can be cleared. Many people with a DUII also have charges like:

• Drug possession charges — Often eligible for expungement
• Theft, trespass, or disorderly conduct — Usually eligible
• Other misdemeanors or felonies — May be eligible depending on the offense class and your record

Note that other vehicle code offenses (reckless driving, driving while suspended, etc.) are also traffic offenses and are not eligible for expungement.

Clearing those eligible convictions can still make a real difference for background checks, jobs, and housing — even if the DUII stays on your record.

Check What Else on Your Record Qualifies

If you have a DUII plus other charges, it's worth checking whether those other convictions can be cleared. Our eligibility guide explains the rules, or you can use Oregon Expungement Center's free eligibility screener to check your specific charges.