The court clerk sends certified copies of the order to your defense attorney (I then forward it on to you for your records), Oregon State Police, Oregon Corrections Division, Circuit Court, the District Attorney, and the local police agencies involved. When I prepare the Orders on behalf of my clients, I am careful to list every involved agency to ensure that all files are sealed. 

The waiting time depends on the classification of the crime your were convicted of. The waiting time is calculated from the conviction date, not the date the incident happened. 

The times are as follows: B Felony: 7 years, C felony: 5 years, A misdemeanor: 3 years, B or C misdemeanor, violation, or contempt conviction: 1 year

Yes, but you must wait until 3 years from the date of the probation revocation or your release from custody, whichever is later, before the case is eligible for expungement.

The length of time you have to wait to expunge an arrest record depends on how the case was resolved. If you won at trial or if the case was filed and later dismissed, we may immediately begin the expungement process. If you went to court and the Prosecutor did not file charges against you (referred to as a “no complaint”), we must wait 60 days from the arrest date before we can start the expungement.

DUII arrest records are only eligible if you were found “not guilty” at trial or if the Prosecutor decided not to file the charge. Dismissals through diversion are not eligible, and DUII convictions are not eligible.

This depends on the court and your individual circumstances. One requirement for expunging your record is that you successfully completed all probation requirements. I have substantial experience in handling expungements throughout the state of Oregon, so I have insight into how various courts and District Attorneys approach this issue.

In most cases you will need to have paid off all money owing on your case before the judge will grant an expungement motion. However, I have won expungement motions in which my clients still owed money on their cases. If this is a concern of yours, feel free to call me to talk about it further.

The D.A. is required by law to notify any named crime victim when an expungement motion is filed. If the victim objects to the expungement, we may end up having a hearing on the issue. I am very experienced in handling these hearings and have a solid success rate.

My turn around time to get the documents prepared and to you for your signature is typically less than a week (older cases on microfiche will take longer). Once we have filed the documents, we generally receive the judge’s signed order within 12-16 weeks. The time frame varies quite a bit depending on the county, and I can give you a better estimate when we discuss your particular case.

My turn around time to get the documents prepared and to you for your signature is typically less than a week (older cases on microfiche will take longer). Once we have filed the documents, we generally receive the judge’s signed order within 12-16 weeks. The time frame varies quite a bit depending on the county, and I can give you a better estimate when we discuss your particular case.

No, in most expungment cases a court appearance is not necessary. If a hearing is set, I can appear on your behalf.

In Oregon, the arrest and dismissal of the case will show up unless you file an expungement motion and the court grants it.

Yes, the arrest record will continue to show up until you file for an expungement.

Yes, the citation is considered a “citation in lieu of arrest” and is treated the same as an actual physical arrest for expungement purposes. So, you would still need to file a motion to expunge the arrest.

No, the fees and necessary paperwork are the same regardless of whether the case is classified as a misdemeanor or an felony.

No, unlike DMV records, arrests and convictions don’t just “drop off” after a certain amount of time. In fact, I have represented clients with expunging records going as far back as 1961.

You may call my office or order your own criminal history check and then consult with me. If you have more than one or two cases, an OSP background check may make the most sense for you.

You may obtain your own OSP background check. In fact, it is quicker and less expensive for you to order your own OSP criminal history check. OSP charges $33.00 for a background check.

OeCI (Oregon e Case Information) is the database that contains criminal and civil cases in Oregon State courts going back to approximately the late 1980”s–early 1990s. OSP (Oregon State Police) contains criminal arrest and conviction records from as far back as the 1920”s and, unlike OeCI, also contains information on municipal court cases. So, if you have an older case or a case that may have been in a municipal court, an OSP background check will reveal that case.

Through this link: Order your Oregon State Police background check

Entering diversion requires a plea of guilty or no contest to the charge. If you are not successful in the diversion program, you then face sentencing on the DUI charge. Because the sentence for a DUI conviction can be so severe, you should have an attorney to protect your rights, to advise you of your options, to handle all discussions and negotiations with the prosecutor, and to advise you on how to succeed in the diversion program.

A first misdemeanor DUII conviction carries a maximum sentence of a year in jail, a $6,250 fine, and a one year drivers license suspension, as well as probation, victim panel class, alcohol evaluation and treatment, and possibly community service. Additional misdemeanor DUII convictions may carry longer license suspensions.

No, the DMV hearing and actual DUI charge are different. The DMV hearing is an administrative (rather than criminal) hearing just dealing with narrow issues surrounding your failure or refusal of the breath test. While your attorney may gain information and testimony from the police officer that may help in the defense of the criminal DUI charge, simply winning the DMV hearing doesn’t make the DUII charge go away.

No. The DMV suspension is separate from the criminal DUI charge. But, if you successfully complete diversion, you’ll avoid the additional one year license suspension that comes with a DUII conviction.

No, Oregon Law prohibits negotiating DUI charges. ORS 813.170

No, Oregon law prohibits expunging traffic arrests and convictions. ORS 137.225 (6)(a). DUII arrests may only be expunged in cases where the State elects not to file charges against an individual, the person is found not guilty at trial, or the case is dismissed for reasons other than diversion completion

Under Oregon law, successful completion of diversion results in a dismissal of the charge. So, in looking at the minimum sentence set by law for DUI convictions, your new DUII is considered a first conviction. However, a plea offer made by the prosecutor or a sentence imposed by the judge may be more harsh in your case than for someone who has never gone through the diversion program. You should talk with your attorney about the specific facts of your case and your situation.

A first DUII conviction carries a minimum 2 days in jail, $1,000 fine, and a 1 year Oregon driver’s license suspension. Additionally, you will likely be placed on 2–3 years probation and ordered to attend victim panel class and complete an alcohol evaluation and alcohol treatment classes. Some counties offer flexible options on the jail and fine, so you should talk with your attorney about your particular case.

The cost of treatment varies, depending on the duration and frequency of treatment. The treatment may be covered under your health insurance plan; you should review your policy to see whether it excludes “court ordered substance abuse” treatment. A list of state approved treatment providers is included under the “Helpful Links” section on this page.

Yes, to some extent you can control what happens to you in court. Aside from hiring an experience DUII attorney like Sandi Pellikaan, you may want to explore re–entering alcohol treatment classes or getting involved in AA or similar type programs before appearing in front of the judge. You should talk with your attorney about this.

You may need to file a DMV accident report within 72 hours or face a license suspension. See the link on this page for the accident report form and filing requirements. You should consult with your attorney before filling out this report.

Yes, if your situation meets the requirements for filing an accident report, then you need to file an accident report regardless of whether one was prepared by the police.