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).
