What is meant by the terms expungement, expunge, expunction in the State of Oregon?
These terms all refer to the process of filing a motion asking the court to set aside / seal a record of conviction(s) and / or arrest(s). If the motion is granted, the court will order the sealing of the conviction record (if any), the arrest record, and any other official records in the case including police reports associated with the case. The relevant Oregon statute related to adult expungement procedures is found at Oregon Revised Statutes (ORS) 137.225. Juvenile expunction law is found at ORS 419A.260 – 419A.262.
This website deals primarily with adult expungement under Oregon law.
I was convicted of a crime some time ago. How do I know if I am eligible to expunge my Oregon conviction?
Determining whether or not you re eligible to expunge your conviction often requires a consultation with an experienced expungement lawyer. This site provides only an overview.
Were you convicted of the crime? If so, see Chart One. If you were arrested but not convicted. refer to Chart Two.
CHART ONE: EXPUNGEMENT OF CONVICTIONS
Is the crime eligible?
You CANNOT expunge a conviction for most Class A and Class B felonies (if your conviction involves marijuana or if your conviction was for a non-person B felony and is more than 20 years old, consult a lawyer).
You can expunge most misdemeanor crimes and Class C felony crimes; however.
You CANNOT expunge a conviction for a traffic offense; a sex crime; criminal mistreatment under ORS 163.205 (if it involves child abuse); or endangering the welfare of a minor under ORS 163.575(1)(a) (if it involves child abuse).
Was the sentenced completed?
The defendant must have fully complied with and performed the sentence of the court. Put another way, you CANNOT expunge a conviction if you failed to complete your probation obligations i.e. fines, treatment, restitution.
Has enough time elapsed?
If the conviction involves ONE charge, you generally are eligible to seal the conviction three years after the judgment was entered (so long as your probation is over).
If the conviction involves TWO OR MORE charges, you generally are have to wait at least ten years after the judgment was entered.
If you have been arrested or convicted of a separate charge / case it will typically delay your ability to seal the conviction(s). Talk to your Oregon expungement lawyer about your individual situation.
CHART TWO: EXPUNGEMENT OF ARRESTS (without being convicted)
Is the crime eligible?
You can move to expunge the arrest for most crimes (even Class A or B felonies and sex crimes) IF your case is no-complainted (not issued); dismissed after being issued; or if you re found not guilty at trial (acquitted); however
Effective January 1, 2010, you may be able to expunge certain traffic arrests that did not result in a conviction.
Has enough time elapsed?
If your case was called as a no-complaint (not issued), you generally must wait at least one year after your arrest to be eligible to seal the record of arrest.
If your case was dismissed (including a finding of not guilty / acquittal), you generally may move to seal the arrest record immediately.
Talk to your attorney about whether these guidelines apply to you.
I have an Oregon DUII conviction / DUII diversion on my record. Can I expunge / seal this offense?
No. Traffic offenses, including charges of DUII, reckless driving, hit and run (failure to perform duties of a driver), speeding, etc. CANNOT be expunged under Oregon law. Some states do allow DUI charges to be expunged / sealed; however Oregon does not.
Effective January 1, 2010, DUII (and other traffic crime) arrests may be expunged if the charge was dismissed (other than DUII diversion-related dismissals) or if the prosecutor declined prosecution on the case. However, DUII convictions and dismissals resulting from the successful completion of the diversion program still will not be eligible to be sealed or expunged. Read the new legislation here .
I was convicted of possession of marijuana which is a Class B felony. Can I expunge this conviction?
Possession of marijuana is eligible for expunction under Oregon law. See ORS 137.225(5)(b).
I was convicted of prostitution in Oregon. Can I expunge this offense?
Yes, this offense may be expunged if you re otherwise eligible.
I was convicted of a drug charge several years ago. Can I expunge this conviction?
Maybe. Some drug offenses are expungeable including many possession charges and several offenses involving marijuana. Many delivery and manufacturing charges are not expungeable. Contact an Oregon expungement lawyer for direct advice about expunging your criminal conviction.
Do I really need to file a motion to seal my record? I thought that expungement happens automatically.
Your Oregon criminal record will not be expunged unless you (or your attorney) makes a formal written motion to seal the arrest / conviction. It does NOT happen automatically.
How much will it cost to expunge my Oregon record?
The court fees are set forth in the table below.
EXPUNGEMENT COURT FEES