“Will my Oregon DUI Diversion be on my record?”
This is a common question DUI attorneys are asked, and the answer– as with many questions attorneys are asked– is: “It depends.” It really depends on what records you’re referring to.
An Oregon DUI diversion record will consist of many different records held by different agencies. Here is a partial list of records that are technically created:
- If the DUI case involved someone calling 911, or if the officer notified dispatch that the officer would be conducting a traffic stop and DUI investigation, a log of the communications between dispatch and the officer is created. If a witness called 911, a recording of the actual 911 call is typically created as well. If there were electronic notes sent back and forth between the dispatch and a patrol vehicle via a Mobile Data Terminal (MDT) (basically, a car-mounted laptop computer), then those records are also created.
- If there was a standard DUI investigation, the investigating officer likely took some notes, and maybe made some recordings. This would include– but not be limited to– an audio recording of the investigation, dashcam footage, other video recordings of the investigation or surveillance footage from the police station or jail and of the Intoxilyzer 8000 room, handwritten notes in a log book, photographs, and a typewritten report.
- If the Oregon DMV or another out-of-state DMV took administrative action against the driver’s driving privileges, that record is created with the respective DMV.
- If the DUI investigation resulted in an arrest– or if the driver was cited to appear in court and later had to complete a book and release– then an arrest record is created. This includes an entry in a Computerized Criminal History (CCH) program through LEDS (Law Enforcement Data System) (what we typically refer to as a person’s “criminal history”), a fingerprint is entered in a national database, and a mugshot is typically taken.
- If a search warrant was used to draw blood, that is actually a record created as part of a whole a separate case in the local court.
- If the DUI investigation was charged, and went through court, then additional records are created. The District Attorney’s office and the court both independently create files and computerized records related to the case. An entry is also made into OJIN (Oregon Judicial Information Network) and various procedural notations are made as the case moves through the court process. Any pleadings, motions, affidavits, or orders become part of the court’s public record, and most of the District Attorney’s records also become public record once the case is resolved.
- Lastly, in addition to any official government records created by a DUI, there are private files and databases created related to the DUI (e.g. by newspapers, t.v. stations, and other media outlets, for insurance companies, drug and alcohol evaluators, drug and alcohol treatment providers, and defense attorneys).
If a driver charged with a DUI in Oregon enters into the DUI diversion program, the “no contest” or “guilty” plea will be held pending the completion of the diversion term. If the driver completes diversion without revocation, the case is dismissed with prejudice and cannot be filed again. No record is created with respect to a conviction or sentence, because the driver was never convicted or sentenced on the DUI charge.
When most people ask about their “record” following a DUI diversion, they are concerned about their criminal record. While the arrest record remains, there is no record of a criminal conviction if the person completes diversion.