Oregon Expungement

Oregon Expungement

Your first question ought to be whether the crime you want expunged can be expunged.  You may want to read the Oregon statute on expungement, ORS 137.225.

The rules used to be quite simple–generally one could expunge a conviction for a C felony or lesser crime, but not a traffic crime or traffic infraction, if the three years had passed since the date of conviction.  Now there are numerous exceptions.  Certain sex crimes cannot be expunged–but some can.  Certain B felonies can be expunged if over 20 years has passed–but not Firearms Used in a Felony.  Unlawful possession of a schedule 1 controlled substance can be expunged.

Certain crimes, no matter what, cannot be expunged, such as Criminal Mistreatment (depending on the age of the victim), and some sex crimes.  In fact, the rules, the exceptions and exceptions to the exceptions have gotten so complicated one needs to read the statute carefully to make sure.

There are also different rules regarding expunging a record of an arrest that did not lead to a conviction, depending on whether the arrest ever resulted in formal charges or not and if so, depending on whether the charge was dismissed or not.  General rule there is if acquitted or charge dismissed you can immediately move to have the record set aside (expunged).  If formal charges were never brought, you must wait one year after the arrest before moving to have it set aside.

Expungments do not happen automatically.  A motion and affidavit must be filed with the court.

To expunge a conviction, you need to have no other convictions in 10 years prior to moving to have it set aside.  That usually means that if you are convicted of two crimes on the same date, you will have to wait 10 years before moving to have them set aside rather than the usual 3 year period.

To expunge a record of arrest you need to have no convictions, excluding motor vehicle violations, within the prior 3 years.

To speak with an Oregon expungement attorney about getting your record expunged, please call me at (503) 222-7178 or send me an email.  There is no fee just to find out if you are eligible.