Expungements

Expungements — Everyone deserves a second chance

That’s the theory behind the statutes that allow you to treat an arrest or conviction as though it never existed.  That means if an employer or a landlord asks if you’ve been arrested or convicted, you can truthfully answer “No” after the case is expunged.

What’s generally expungeable?

A Class B felony, except for person felonies and a violation of ORS 166.429 (Firearms used in felony);

A Class C felony, except for any sex crime or criminal mistreatment in the first degree under when it would constitute child abuse;

The crime of delivery or possession of marijuana when that crime was punishable as a felony only;

A crime punishable as either a felony or a misdemeanor, in the discretion of the court;

A misdemeanor, including a violation of a municipal ordinance, for which a jail sentence may be imposed;

A violation, whether under state law or local ordinance, except traffic violations.

An arrest that resulted in a “no complaint” by the District Attorney’s office or an arrest that resulted in an acquittal may also be expunged, such as a DUII acquittal.

Depending on your criminal record, a case can be expunged upon dismissal of the charge at trial, or 1 year after a “no complaint” by the District Attorney’s office.  For convictions, there is a waiting period of 3 years to expunge one charge, 10 years for two or more charges, 20 years for certain Class B felonies.  Also, you must have fully complied with and performed the sentence of the court.  In other words, you cannot expunge a conviction if you failed to successfully complete your probation and still have obligations such as fines, treatment, and the like.

What’s not expungeable?

Any sex crime that requires registration as a sex offender, Criminal Mistreatment I (involving a child) or Endangering the Welfare of a Minor if those offenses constitute child abuse; traffic crimes, traffic violations; Class A felonies; any felony classified as a person felony; and any violation of ORS 166.429 (Firearms used in a felony).

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