Expungements

In January of 2022 Oregon law was revised to make it easier to have your criminal record expunged. Prior to 2022 a person would need to have only a single conviction or a clean record for ten years to get their record expunged. The current law is outlined below.

Expungement is a process within the Oregon legal system (ORS 137.225) which allows certain crimes to be completely cleared from your record. The purpose of the expungement process is to enable people who have committed certain crimes to seek and obtain employment or housing without having to explain or display a criminal record.

Once your record of conviction or arrest is set aside you can say that it never happened and all records are sealed. It’s in your best interest to consult with an Oregon criminal defense attorney about seeking an expungement at the earliest possible opportunity, as they will be able to assist you in clearing your name and putting the unfortunate incident completely behind you. The expungement process generally takes about 2-3 months from filing until your record is cleared.

EXPUNGMENT QUALIFICATIONS
In order to qualify for expungement, the criminal conviction must be a violation, misdemeanor, or a Class B or C felony. Traffic crime convictions for charges such as DUI, reckless driving and hit and run are NOT expungeable in Oregon.

Class A felonies and certain offenses, such as sex crimes, also cannot be expunged. You must not have any pending criminal charges and must have fulfilled the complete requirements of the sentence handed down by the court. Commonly expunged crimes include theft, assault, drug crimes, unlawful possession of a firearm, disorderly conduct, public indecency, trespass and recklessly endangering another person.

ELIGIBILITY TIMEFRAME
The following timeframe must have elapsed and you must have maintained a clean record for that timeframe to be eligible.

  • Class B Felony: 7 years
  • Class C Felony: 5 years
  • Class A Misdemeanor: 3 years
  • Class B or C Misdemeanor: 1 year
  • Violation or Contempt of Court: 1 year

If you think you may be eligible for expungement call MJM Law Office, P.C. to speak with an experienced criminal defense lawyer in Eugene, Oregon.

Contact Us online or call 541-505-9872 to schedule a Free Initial Consultation.