Oregon Expungement Guide

The Importance of Expungement in Oregon

In Oregon, certain crimes are eligible to be expunged, or set aside. Once an arrest or conviction has been expunged, it is as if the arrest/conviction never occurred. In essence, it creates a judicially authorized lie. As a practical matter, this can have a very serious impact. Many applications for jobs and housing ask questions about criminal histories. For example, a person’s eligibility for certain benefits, such as Section 8 housing, can be affected by a felony criminal conviction. A person’s right to possess a firearm is restricted when that person has a felony conviction or a conviction for a crime of domestic violence under the Violence Against Women Act.

Many convictions for sexual offenses require a person to register as a sex offender and have far-reaching implications. Thus, it can be very important to get arrests and convictions expunged; or have the record of such things set aside.

Eligibility

ORS 137.225 creates eligibility requirements and parameters for the expungement of arrests and convictions.

Arrests

Records for arrests and charges that were dismissed may be eligible for expungement. Traffic offenses, unfortunately, are not eligible to be expunged. You also must not have other pending charges at the time you file your motion to expunge your record of arrest.

There is a time eligibility requirement that must be met for expunging a record of arrest. You must not have any other arrests within the last 3 years, no convictions in the last 10 years (excluding traffic infractions).

There is no waiting period for dismissed charges, however, you must wait 1 year to expunge an arrest when there is an uncharged incident (i.e. no complaint) in order to allow for police investigation.

TIME ELIGIBILITY ARRESTS/DISMISSED CHARGES ORS SECTION
No other arrests in last 3 years 137.225(9)(a)
No conviction in last 10 years (other than traffic infractions) 137.225(6)(b)
Acquittal/Dismissal of charges (no waiting period). Except, DUI charges dismissed as a result of completing diversion are not expungable 137.225(1)(b)137.225(9)(b)
1 year waiting period for an uncharged incident (i.e. no complaint) 137.225(1)(b

Assuming all of the above conditions have been met, your arrest should be eligible for expungement contact us. We can help clear your arrest history.

Convictions

Time Eligibility for Convictions

The first step in determining if a crime is eligible to be expunged is establishing a timeline. There must be no other charges pending at the time a motion to expunge is filed. If there are no other charges pending, then you must determine if it has been at least 3 years since the date of conviction.

If this hurdle is met, then you must determine if there are any other convictions within the last 10 years. If there is only 1 conviction, then this conviction is expungable. Then you must establish you have not been arrested within the last 3 years. If there were an arrest within the last 3 years, only that arrest is eligible.

If there are no other convictions within 10 years and no arrest within 3 years, then the time period requirement is met.

TIME FACTORS TO CONSIDER

ELIGIBILITY/ORS SECTION

Pending Charges Not eligible; 137.225(6)(c) (no pending charges)
Any convictions in last 3 years Not eligible; 137.225(1)(a) (3-year waiting period)
2 or more convictions in last 10 years Not eligible; 137.225(6)(b) (no other convictions within last 10 years)
Exactly 1 conviction in last 10 years No other charges eligible (no other convictions in last 10 years)

Crime Type Eligibility for Convictions

If the time requirements have been met, you must then determine if the crime is one that may be expunged. While many crimes of conviction are eligible to be expunged, there is a long list of crimes that are not expungable.

OFFENSES NOT EXPUNGABLE

ORS SECTION ESTABLISHING INELIGIBILITY

Sex offenses triggering registration requirement 137.225(5)(d)(A)
Traffic Offenses (anything in traffic code) 137.225(6)(a)
Criminal Mistreatment 1/Endangering Welfare of a Minor if constituting child abuse 137.225(5)(d)(B)
A Felonies; B Felonies if classified as person crimes or involve firearms used in a felony 137.225(5)(a)
Probation revoked; must be full compliance with probation 137.225(1)(a)

Compliance With Sentence and No Other Charges Pending

Once you have determined whether the conviction is one that is eligible to be expunged, there are a few more steps to determine when it may be expunged. For a crime to be expungable, full compliance with the sentence of the court must be established. Thus, if probation is continuing or has been extended, the crime is not yet expungable. There also must be no other charges pending in any jurisdiction, including outside of the United States.

Assuming all of the above conditions have been met, your criminal arrest should be eligible for expungement contact us. We can help clear your criminal arrest history.

B Felonies Eligible for Expungement After 20 Years

Even though ORS 137.225(5)(a) states Class A felonies and B felonies if classified as person crimes or involve the use of a firearm are not expungable, they still may be. If a person has been convicted of a Class B felony involving a person crime or involving firearm used in a felony, that person may apply have their conviction expungement if:

B PERSON FELONIES AND OFFENSES INVOLVING A FIREARM ELIGIBLE FOR EXPUNGEMENT IF:

ORS SECTION ESTABLISHING ELIGIBILITY

20 or more years have elapsed since the date of conviction or release from imprisonment, whichever is later 137.225(8)(a)
No conviction of or arrested for any other offense, other than motor vehicle violations, after the date the person was convicted of the offense sought to be expunged 137.225(8)(b)

Assuming all of the above conditions have been met, your criminal arrest should be eligible for expungement contact us. We can help clear your criminal arrest history.

Fees for Expungement in Oregon

Unfortunately, there are fees you must pay to file a motion to expunge a criminal history. If you are filing a motion to expunge an arrest subsequent to a dismissal (other than dismissal through DUI Diversion) or acquittal, there are no court or filing fees required. However, if you are filing a motion to expunge a criminal conviction, you must pay an $80 fee to the Oregon Department of State Police for a background check. You also must pay a filing fee established by the Standard Filing Fee Schedule.

Currently, the filing fee is $252 payable to the State of Oregon.

Contact us. We can help you clear your Oregon criminal history.

Rob Crow
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Licensed to practice law in all State & Federal Courts in Oregon.
6 Comments
Can a Criminal Mistreatment 1 (reduced to a misdemeanor) be expunged. The charge is over 12 years old.
by James S April 18, 2018 at 05:56 AM
I Oregon if someone has a class C felony (attempt to commit a class B felony) which is not a sex crime, but as part of the plea deal agreed to be on the sex offender registry, and then 15 years later the C felony gets expunged, does that expungement automatically remove that person from the sex offender registry and end that requirement in the guilty plea, or does a separate petition need to be filed to remove the person from the sex offender registry?
by Kristina April 16, 2018 at 02:07 PM
So a DUII with a successfully completed Diversion will still show up on job employment background checks, even if you have moved to another state like Arizona? Forever?
by Lavon April 2, 2018 at 07:11 PM
Can a class c felony sex offense from 1991 and you did all that was required including relief from reporting no other criminal episodes can you get that expunged
by Charles February 26, 2018 at 07:15 PM
Richard, exactly, unfortunately A Felonies are not expungable.
by Rob Crow February 21, 2018 at 07:13 PM
So no class "A" felony can be expunged ?
by Richard Lamotte February 21, 2018 at 07:04 PM
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