In Oregon, the process of expunging a criminal record is called "expunction" or "setting aside." If your record is set aside, it will no longer be visible to the general public, including potential employers. In most cases, you may say that you were never arrested or convicted of a crime. (Oregon Revised Statutes § 137.225(3) (2018).)
You were arrested but not charged with a crime. You may petition to have the record set aside after waiting for one year from the date of the arrest.
You were charged with a crime, but not convicted. You may petition to have your record set aside if the charges against you were dismissed or you were acquitted. There is no waiting period, but your record will not be eligible if any of the following are true:
(Oregon Revised Statutes § 137.225 (2018).)
Many types of convictions can be set aside in Oregon, including violations, misdemeanors, Class C felonies, and many Class B felonies. To qualify, all of the following must be true:
Before applying, you must wait three years from the date of your conviction for all offenses other than Class B felonies. For Class B felonies, the waiting period is 20 years from the date of your conviction or release from incarceration, whichever is later.
Most Class A felonies and some Class B felonies may not be set aside. In addition, you cannot set aside traffic violations, DUIs, certain crimes against children or the elderly, most violent crimes, and most sex offenses.
(Oregon Revised Statutes § 137.225 (2018).)
You must apply in the court where you were convicted or, if you were arrested but not convicted, in the circuit court of the county where the arrest occurred. Some courts have forms available for your use.
Cleaning up your criminal history can be complicated, and the law can change at any time. If you are not sure whether your record qualifies for expungement in Oregon—or for advice about your personal situation—you should contact a qualified criminal law attorney. A good lawyer can guide you each step of the way.
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