ABOUT OREGON EXPUNGEMENT LAWS
Just because you have been charged or convicted of a crime does not mean you will carry with you a criminal record for the rest of your life. If you can successfully “expunge” your criminal history, you can answer honestly when you say “no” when asked if you have ever been convicted of a crime.
Oregon has a somewhat complicated expungement law. It can be found at ORS 137.225. Most crimes are eligible for expungement, meaning they can be removed from your record and should not be visible by any prospective employer, nor should they appear on a background check. If you have been convicted of a crime, your criminal history will reflect both a “conviction” and an “arrest.” Depending on the crime, you may be eligible to have both the conviction and the arrest expunged from your record.
If you have a conviction or arrest that you want to expunge from your record, you should contact me. I will analyze your specific case and criminal history and tell you definitively whether or not your conviction can be expunged. Additionally, I can submit the proper paperwork to accomplish your goal of expunging your criminal history.
Below are a few general rules. You should speak to a lawyer about your specific case to see if your criminal history can be expunged.
- Almost all misdemeanor or Class C felonies can be expunged, with the exception of traffic crimes and sex crimes or crimes against children.
- You cannot expunge Class A or Class B felonies with the exception of marijuana convictions and Class B felonies that are non-person crimes and are more than 20 years old.
- To have any conviction or arrest expunged, you must have completed your sentence, meaning you must have completed your probation or treatment if the Court ordered it and you must have paid your fees.
- If you have one criminal conviction or arrest that you wish to expunge you must wait until three years after you were convicted before it can be expunged.
- If you have more than one criminal conviction then you must wait until 10 years after you were convicted before you can expunge a conviction.
- Many arrests can be expunged before three years passes if your charge was dismissed or if you were acquitted at trial.
You may be able to accomplish your goal of expunging a conviction or an arrest without a lawyer. However, getting a conviction or arrest expunged can be difficult to figure out and hiring an attorney will save you time, money, and stress. In addition to a filing a motion in the county in which you were convicted, you will also have to be fingerprinted.