Oregon Expungement of Criminal Records

 

Any good Oregon criminal lawyer will tell you that having a criminal record is something that can make your life a lot more difficult. Potential employers, landlords, credit card companies, banks, and organizations that provide professional licenses all tend to do background checks, and every time someone looks into your history, the first thing that they are going to notice is your criminal record, complete with information about the arrest and charges. Since this will make people doing background checks see you as a higher risk, there’s a strong likelihood that you won’t be getting that new apartment, landing that job you want, or using a new credit card anytime soon.

 

Luckily, Oregon law allows for a process called expungement that can help. With expungement, your records will be sealed so that no one in the public is able to look at them. Suddenly, those background checks won’t matter so much, and you can even legally state that you have no criminal record if someone asks.

 

How does expungement work in Oregon?

 

Under Oregon Law 137.225, if a record is granted expungement this applies to a great number of documents related to that specific case, including:

 

• Probation records
• Court records
• Parole records
• Prison records
• Police records
• Jail records

 

The investigation records may also be expunged at times, but it is not required for this to happen. Also, if the court deems it to be in the interest of the public, they have it within their power to order either portions or the complete record of a juvenile offender to be expunged.

 

Keep in mind that having records expunged does not mean that they will be destroyed. The only time that physical copies of records will be destroyed are in certain juvenile court situations and – for some specific records – after a conviction has been terminated and 3 years have passed. This does not apply, however, to records held in law enforcement agencies or records of the judgment itself, which will continue to be sealed and maintained

 

Who is eligible for expungement in Oregon?

 

The state of Oregon only allows individuals in certain circumstances who meet specific requirements to even apply for expungement. These include:

 

• for juvenile cases, where 5 years have passed since the termination of the person’s case and any sentence attached to it
• individuals who have not received a conviction for a misdemeanor or felony since the case’s termination date
• anyone not seeking criminal conviction or adjudication
• anyone not in violation of the laws under 419B.100 a, b, c, and f of delinquency cases.

 

What if someone is not eligible for expungement in Oregon?

 

For those not able to petition for expungement under Oregon law, there is another state process that might be able to help. “Setting aside” an arrest does not close the records completely the way that expungement does, but it is available to a wider range of offenders.

 

Adults who have been convicted of a crime are eligible to have their records set aside for several reasons, some of which much happen in conjuction:

 

• after a year has passed since the arrest
• if the case is dismissed
• if the person is acquitted
• if 3 years have passed since the date of conviction
• if the individual has fulfilled all court mandated requirements (sentences, payments of restitution, etc.)
• if no outstanding charges for a different crime have been filed
• if the individual hasn’t received another conviction for 10 years, excepting minor traffic violations

 

Oregon has different setting aside petitions available for eligible offenses, including:

 

• second degree attempted assault
• child abandonment
• third degree assault
• coercion
• first degree criminal mistreatment
• first degree attempted escape
• incest (for victims under the age of 18)
• unlawful use of a weapon
• first degree intimidation
• second degree attempted kidnapping
• second degree attempted robbery
• third degree robbery
• supplying contraband

 

Naturally, there are also crimes that Oregon marks as ineligible for setting aside. These include:

 

• sexual crimes
• child abuse
• first degree criminal mistreatment
• endangering a minor
• most Class C Felonies
• violent misdemeanors and felonies

 

Unfortunately, state offenses and municipal traffic offenses are also not eligible to be set aside. It should also be noted that if a record for conviction is set aside, it can be used as evidence in future setting aside cases for convictions, and if the conviction in question was set aside within the 10 year time period, it will be counted as a prior offense.