In Oregon, you may expunge arrest records, misdemeanors, and felony convictions under certain circumstances. An expungement removes a criminal offense from your record for most purposes—making it easier to get a job, housing or an education. However, the state imposes significant limitations and waiting periods on expungement.
In Oregon, you may expunge most juvenile convictions once you turn 18 years old. (Under certain circumstances, you may be able to expunge a juvenile record before your eighteenth birthday.) However, the records are not automatically expunged or made confidential. Instead, you must petition for expungement and may have to attend a hearing. If you need help determining your eligibility, consider contacting an expungement lawyer.
You may expunge a wide variety of criminal records in Oregon, including some adult felonies, misdemeanors, and arrest records. The process for all expungements is relatively consistent. First, you must file paperwork with the court and send a copy (along with a set of fingerprints) to the prosecuting attorney. Next, the prosecutor will investigate your case and make a recommendation to the court. If necessary, a hearing will be scheduled. Finally, the court will either approve or deny your request.
Most misdemeanors, non-conviction records, and most Class C felonies are expungeable. Only a small number of Class A and B felonies are expungeable. You cannot expunge traffic offenses, DUI charges that were dismissed after completing a diversion program, violent felonies, and most sex crimes.
Oregon imposes additional restrictions on expungements. They include:
- No pending criminal charges,
- You must complete the terms of your sentence,
- You typically cannot have any other convictions during the past ten years, and
- Complete a waiting period (which varies, depending on the severity of the crime).
A skilled expungement lawyer can evaluate your case and help you determine your eligibility.
An $80 fee is charged when you request the expungement of a conviction. (This fee does not apply in non-conviction claims.) Additional filing and court fees may also apply. If you hire an expungement or criminal defense lawyer, you may be charged for attorney fees and other costs.
If the court grants your petition, you may lawfully state that the expunged criminal record does not exist. When most employers search your Oregon criminal record, the charges will not be present. Expunged records will still be available to law enforcement agencies.
In order to expunge a criminal record, you must submit specific paperwork and may have to attend a hearing. An expungement lawyer can help guide you through the expungement process and insure that you have the correct information in your request. Additionally, a lawyer
can speak on your behalf during any necessary court hearings and give you the best chance of expunging your record.