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Can i expunge my DUI arrest record, No conviction (2 years passed)
Anonymous5 views5 answers
All,
Please help me here, I got 24 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 ordered court document and police report for my records, 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 24 months arrest, (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 ?
Sounds like you've answered your own question. None of the things that would disqualify you from expungement exist in your case, so you should be able to expunge the arrest record.
If you are worried about VISA stamping, an immigration attorney may have a better idea than a criminal defense attorney.
From what information you have provided, as long as all of the below points are true, this DUII arrest would be expungeable.
• At least one (1) year has lapsed since the date of my arrest and no formal written complaint or other accusatory instrument has been filed against me, or, I have been found not guilty or acquitted on the charge(s), or, the charges have been dismissed by the state;
• I have not been arrested in connection with any other state, county, city, or federal offense (other than motor vehicle violations) within a 3-year period immediately preceding the filing of this motion. This does not include any other arrest for conduct associated with the same criminal episode that caused the arrest, which I now seek to have set aside;
• I have no convictions for any criminal offense, including previously set aside convictions, within the last 10-years (except motor vehicle infraction convictions);
• I have no outstanding financial obligations, including restitution payments, owed to the court; and
• I am not presently charged with a crime in this or any other state, county, city, justice or federal court.
Good afternoon. It reads as though you may have caught a huge break since the prosecutor did not file a DUI case against you. Hopefully you are past the Oregon statute of limitations for the prosecutor to file the case (meaning he/she can never file the DUI case because it's been too long since it happened).
If you have a DUI charge, an expungement is not a good choice for immigration purposes. An expungement happens after you are found guilty/plead guilty and request it be removed from your record. If the case gets filed, you need to find a way to dispose of the DUI without pleading guilty or admitting the facts. An immigration attorney who handles criminal cases should be able to help you.
As for the visa stamping, make sure you have some sort of documentation that charges were not filed. The CBP agent may need to see some verification that you were not convicted/did not plead guilty. Otherwise, you should not have any issues re-entering. I hope this helps.
(1) you can potentially have the DUI arrest expunged; (2) it will not affect the FBI records for immigration purposes when you are fingerprinted for visa purposes.
