Lohrke Law

Can Traffic Offenses be Expunged or Set Aside?

Crimes and offenses that appear in the Oregon traffic code cannot be set aside. Driving Under the Influence of Intoxicants, Reckless Driving, Failure to Perform the Duties of a Driver, and Eluding by Vehicle are examples of traffic offenses that cannot be set aside. Interestingly, Possession of a Stolen Vehicle appears in the vehicle code and cannot be set aside; but, on the other hand, a very similar crime, Unlawful Use of a Vehicle, appears in the criminal code and therefore can be set aside.

Though vehicle crimes cannot be set aside, they can be reduced to misdemeanors. For example, felony Driving While Suspended can never come off your record, but it can be reduced to a misdemeanor. Once a driving crime is reduced to a misdemeanor, you are no longer a felon.