Do you want to clear your criminal record and get a fresh start? Call the law firm of Castleberry & Elison, P.C. today at (503) 223-0011. We will determine whether your prior convictions are eligible to be sealed. If they are, we will seal your record for one low flat fee.
IMPORTANT! Count back ten years from today. If you have more than one conviction on your record, from any state, you are not eligible to have your record sealed at this time. Also, you cannot expunge ANY class A felony or ANY traffic crime such as DUII, DWS, or Hit and Run. See below for more details.
Oregon Expungment FAQs
After someone has been arrested or convicted in Oregon, they worry about how the arrest or conviction will affect their ability to get a job, apply to schools, rent a home, etc. Many times employers, schools, and landlords will want to run a background check before accepting an applicant.
People who have been arrested, convicted, or both may desire to “expunge” their record. Expungement of criminal records in Oregon is referred to as “sealing” or “setting aside” a record. If a court seals an arrest or conviction record, the person can, generally, legally state on an application or in response to any question that they have not been arrested for or convicted of that criminal incident.
What crimes can be expunged from my criminal record in Oregon?
Examples of convictions that can be sealed include:
Crimes classified as Class C felonies (but see below)
Starting in 2012, many crimes classified as Class B felonies (but see below)
Attempted Escape I
Most Misdemeanors (but see below)
Crimes committed before 1972 that are now classified Class C felonies, misdemeanors, or violations (but see below)
What crimes cannot be expunged from my criminal record in Oregon?
Traffic offenses, such as DUII, reckless driving, careless driving, failure to perform the duties of a driver, etc. (Most are found in ORS Title 59). However, traffic offense arrests may be sealed if the case was dismissed (other than through a diversion program) or the prosecutor’s office decided not to prosecute the case
Any unclassified offense
Criminally negligent homicide, when it was punishable as a Class C felony (pre-2003)
Criminal mistreatment I, when it constitutes child abuse
Endangering the welfare of a minor, when it constitutes child abuse
Class A felonies
Firearm in furtherance of a felony
Class B felonies that constitute a “person felony”
Is it possible to expunge a DUII from my criminal record in Oregon?
A conviction for DUII cannot be sealed. A DUII arrest may be sealed if the DUII charge got dismissed or if the DA’s office chose not to prosecute the case. However, if the DUII was dismissed due to successful completion of a diversion program, it cannot be sealed.
How long do I have to wait to expunge my criminal record in Oregon?
Convictions: If the oregon criminal charge resulted in a conviction, you must wait three years from the date of judgment before you apply to have the record expunged. If you are trying to expunge a Class B felony conviction, you must wait twenty years from the later of the date of conviction or the date of release from prison on the conviction you are trying to expunge.
Arrests: If no formal charge was brought after an arrest, you must wait one year from the date of arrest to apply to have the arrest record sealed. You cannot have the record expunged if you have been arrested for different conduct (other than a motor vehicle violation), in the three years before filing the motion. However, starting in 2012, if you had an arrest record expunged and then were arrested on another charge within three years of the earlier (now sealed) arrest, you do not have to wait three years to expunge the new arrest.
Dismissals and Acquittals: If a formal charge was brought after an arrest, but you were acquitted of the charge or the charge was dismissed, you may apply to have the arrest record expunged as soon as the acquittal or dismissal occurs. However, you cannot have the record expunged if you have been arrested for different conduct (other than a motor vehicle violation), in the three years before filing the motion.
Am I eligible to have my criminal record expunged in Oregon?
Fulfilling the waiting period is not the only prerequisite to expungement of a criminal record in Oregon. In addition, you must meet certain requirements, such as:
You must not have any other convictions (other than motor vehicle violations) for a period of ten years preceding filing a motion. Convictions stemming from the same event count as another conviction. Even if a conviction was sealed, it still counts as a conviction for this purpose.
You must not have any pending criminal charges at the time of filing a motion.
You must have complied with and completed any sentence you were given for the crime you want sealed.
If you are trying to expunge a Class B felony conviction, you must not have any other arrests or convictions (other than motor vehicle violations) since the date of the conviction you want sealed. Even if an arrest or conviction was sealed, it still counts for this purpose.
Is there a fee for expungement of criminal records in Oregon?
If you wish to have an arrest sealed, the court fee is generally $250.
If you wish to have a conviction sealed, an additional $80 must be paid to the state police, along with the $250 court fee.
Is there any way to expunge a Federal criminal conviction?
There is no legal mechanism to expunge a federal felony conviction. However, there is a federal law (18 U.S.C. Section 3607) that authorizes expungement of certain offenses under the Federal Controlled Substances Act (21 U.S.C. 844). Expungement is available only to persons who were placed on pre-judgment probation under 18 U.S.C. Section 3607(a). Pre-judgment probation is when the judge finds you guilty but does not enter a judgment of conviction. If you do everything you are supposed to do on probation, the drug charge is dismissed and the record can be expunged. Representative Steven Cohen (D-TN) introduced a bill called The Fresh Start Act of 2010 (H.R. 5492) that would permit engagement of certain non-violent federal criminal offenses. Unfortunately, this is not currently the law.