The Oregon Expungement Guide: Which Felonies Can Be Expunged?
Are you looking to turn over a new leaf by clearing your criminal record? Understanding the nuances of expungement in Oregon can be the key to a fresh start. Expungement is the legal process of sealing a criminal record, effectively erasing it from public view. In our comprehensive Oregon Expungement Guide, we’ll dig into the specifics of which felonies and misdemeanors can be expunged and guide you through the steps to make it happen. If you’d like to get your record expunged in Oregon, click the button below to get a free consultation with us or call us at 503-372-6244.
What Felonies Can Be Expunged in Oregon
The ability to expunge a felony from your record can be a significant step towards rebuilding your life, but not all felonies are eligible for Oregon expungement. The state's laws specify which types of felonies can be sealed or "set aside." Here's an overview:
Eligibility Based on Time: Generally, a waiting period is required before a felony can be expunged. This is typically three years from the date of conviction, but the period can be longer depending on the nature of the felony and whether there were any subsequent convictions.
Class C Felonies: Most Class C felonies in Oregon are eligible for expungement. These are generally the least serious felonies and include certain theft, fraud, and property damage crimes.
Non-Violent Crimes: Felonies that are non-violent in nature are more likely to be eligible for expungement. This includes crimes that did not involve physical harm or the threat of physical harm to another person.
No Sex Crimes or Serious Violent Offenses: Felonies that are classified as sex crimes or serious violent offenses are typically not eligible for expungement in Oregon. This includes crimes like rape, murder, and certain degrees of assault.
Drug-Related Felonies: Some drug-related felonies, especially those involving possession, may be eligible for expungement, particularly after the changes in drug laws in recent years.
Completion of Sentencing Requirements: To be eligible for expungement, the individual must have completed all requirements of their sentence, including probation and payment of fines.
Limit on Number of Convictions: The law also limits the number of convictions that can be expunged, both in terms of the number of felony convictions and the total number of convictions (including misdemeanors).
Which Misdemeanors Can Be Expunged in Oregon?
Here’s a general overview of the types of misdemeanors that can be expunged under Oregon law:
Most Misdemeanors Eligible: The majority of misdemeanor offenses in Oregon are eligible for expungement. This includes various minor crimes and law violations that did not result in significant harm to others.
Waiting Period: Like felonies, misdemeanors require a waiting period before they can be expunged. As with felonies, this is three years from the date of conviction, assuming no new convictions have occurred during that period.
Completion of Sentencing Requirements: Individuals must have completed all terms of their sentence, including probation and the payment of any fines or restitution, before applying for expungement.
Exclusions: Certain misdemeanors are not eligible for expungement. These often include sex crimes, traffic offenses (such as DUIs), and misdemeanors classified as “person crimes” — those involving harm or the threat of harm to another person.
Domestic Violence Convictions: Misdemeanors involving domestic violence may not be eligible for expungement, depending on the specifics of the case and the laws in place at the time of application.
Limit on Number of Convictions: Oregon law places limits on the number of convictions that can be expunged, which includes both misdemeanors and felonies.
Impact of Recent Legal Changes: Recent changes in Oregon law, especially regarding marijuana-related offenses, have expanded eligibility for expungement for certain drug-related misdemeanors.
Class A Misdemeanor Expungement in Oregon
Being the most serious category, Class A misdemeanors often involve more significant offenses, which are scrutinized more rigorously during the expungement process. Examples of Class A misdemeanors in Oregon include:
Theft in the Second Degree: This involves unlawfully taking, appropriating, obtaining, or withholding property valued at $100 or more but less than $1,000.
Assault in the Fourth Degree: This typically involves intentionally, knowingly, or recklessly causing physical injury to another person.
Driving Under the Influence of Intoxicants (DUII): Operating a vehicle while impaired by alcohol, drugs, or a combination of both.
Reckless Driving: Operating a vehicle in a manner that recklessly endangers the safety of persons or property.
Criminal Mischief in the Second Degree: This involves intentionally or recklessly damaging property.
How to Expunge Your Record in Oregon
Expunging your record in Oregon involves a multi-step process that requires careful attention to detail. To begin, you must obtain your criminal record, which can typically be done through the Oregon State Police or the court where your case was heard. This record is crucial for determining your eligibility for expungement. Once eligibility is confirmed, you'll need to complete the required forms, including the Motion to Set Aside Conviction or Arrest and an Affidavit in support of the motion. These forms ask for detailed information about your conviction or arrest and your personal background.
The next step involves filing these forms with the court where the conviction or arrest occurred, along with the necessary filing fee. After filing, there's generally a waiting period during which the district attorney's office will review your application.
For more detailed instructions and access to the necessary forms, you can visit the Oregon Judicial Department's website at Oregon Judicial Department Forms. This resource provides a comprehensive guide on the process, along with downloadable forms to initiate your expungement request.
Who Can Object?
The district attorney (DA) has the right to object to the expungement of a criminal record. After the expungement motion is filed, the DA reviews the application and can file an objection based on factors like the nature of the crime, compliance with the sentence, and any subsequent criminal activity.
Do You Have to Go to Court?
If an objection is raised, it may lead to a court hearing where a judge will make the final decision. Additionally, victims in certain cases may also have the right to be notified and could potentially provide input. Keep in mind that their objections do not carry the same legal weight as those from the DA.
How Much Does it Cost?
While you don’t have to pay anything to file a motion to expunge your criminal conviction, there are still a few fees to be aware of. You will have to pay an $80 fee to the Oregon Department of State Police to cover the cost of a criminal background check. Other possible fees might include lawyer fees if you choose to use one, and the cost of obtaining court records.
How Long Does it Take?
The expungement process in Oregon typically takes about 3 to 4 months from the time the application is filed. However, this timeframe can vary depending on the specific circumstances of the case and the workload of the courts.
What Happens When My Criminal Record is Expunged?
When your criminal record is expunged in Oregon, it means that the record of your arrest and/or conviction is legally sealed. Here's what happens:
Sealed Records: Expungement effectively removes the conviction or arrest from public view. This means it won't show up in most background checks conducted by employers, landlords, or others.
Legal Recognition: Legally, you can act as if the arrest or conviction never occurred. For instance, when applying for a job or housing, you generally don’t have to disclose an expunged arrest or conviction.
Limited Access: While expunged records are sealed from the public, they are not completely destroyed. Certain government agencies or law enforcement may still access these records under specific circumstances.
Improved Opportunities: Expungement can open doors that were previously closed, such as better job opportunities, housing options, and educational benefits.
Restoration of Rights: If your conviction led to the loss of certain civil rights (like voting rights), expungement can restore these rights.
Do You Need a Lawyer?
While it's not a legal requirement to have a lawyer for the expungement process in Oregon, having legal counsel can greatly benefit you. A lawyer experienced in expungement law can help navigate the complex legal system, ensure that all paperwork is completed accurately, and handle any potential legal hurdles that might arise. They can also offer invaluable advice on eligibility, the likelihood of success, and represent you in court if necessary. While you can proceed with an expungement on your own, the guidance of a knowledgeable attorney can simplify the process and increase your chances of a favorable outcome.
The Oregon Expungement Guide Conclusion
Expungement in Oregon offers a path to clearing one's criminal record, paving the way for a fresh start and new opportunities. At Powell Law, we understand the profound impact that expungement can have on a person's life. We have proudly assisted numerous Oregonians in navigating this complex process, helping them embark on a brighter future. Our expertise isn't limited to expungement alone; whatever your legal needs, Powell Law is here to provide comprehensive, compassionate, and competent support.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
