The Oregon Department of Motor Vehicles (DMV) is responsible for maintaining records for every Oregon driver. The criminal justice system (police, prosecutors, defense attorneys, judges, and defendants) relies on DMV records to make important decisions such as whether to make an arrest, whether to file charges, and whether to enter a guilty plea.
It was recently discovered that DMV has reported inaccurate information for many years about some Oregon drivers. These records incorrectly classified some driving privileges as suspended or revoked at a criminal level, when in fact the suspension or revocation should have already ended or never been imposed in the first place. These errors by DMV have resulted in wrongful arrests and convictions for the crime of Driving While Suspended or Revoked (DWS/DWR) throughout Oregon, including in Washington County. This issue has been widely reported in the news media: False Oregon DMV records lead to mistaken arrests, convictions for driving with suspended license - oregonlive.com
The Washington County DA’s Office is committed to righting these wrongs to the best of our ability. We have initiated a comprehensive review of all DWS/DWR convictions in Washington County over the past decade, since 2012. During that time, there have been approximately 3,000 DWS/DWR convictions in Washington County. While the vast majority of these convictions are justified and the DMV records they are based upon are accurate, we have identified some that are not.
We are committed to taking immediate action to address any wrongful conviction. This includes filing motions with the court to expunge the conviction, notifying the defendant and DMV, and terminating probation (if necessary).
If you would like to request review of a past DWS/DWR conviction that occurred prior to 2012, please fill out and submit this form. You will be contacted when the review is complete.
FAQs:
Q: Does this cost anything?
A: No, the DA’s Office will review the case and take any necessary remedial action at no cost to the defendant.
Q: Will you review a conviction for DWS/DWR at the violation level?
A: No, this process applies only to criminal cases. Our office is not typically involved in prosecuting violations.
Q: How long will it take for the case to be reviewed?
A: It depends on the complexity and the difficulty in obtaining the necessary records. The review could be completed in days, or sometimes it could take weeks.
Q: This problem was caused by Oregon DMV, can I seek damages against Oregon DMV?
A: The DA’s Office cannot answer questions regarding additional legal action because we are not able to provide legal advice. We can only advise you to consult with a civil attorney regarding your other options. The Oregon State Bar Lawyer Referral Service has a variety of programs to assist the public in finding the right lawyer, and they may be reached at 503-684-3763 or https://www.osbar.org/public/ris.
