Oregon criminal record expungement

It is advisable that if you are trying to get your criminal record expunged that you look over Oregon revised statue 137.225. Everything you want to know regarding expungement is there.

If you are looking to expunge your record you must make sure that the conviction for your offense can be expunged in the state of Oregon. If your offense is a traffic offense, a sex crime, endangering a child or child abuse, or a class A or B felony with a few exceptions, you are not eligible to have your record expunged.

Additionally, the expunction law allows to be set aside a crime liable to be punished by as either a felony or a misdemeanor, in the judgment of the court. This changing from a felony to a misdemeanor can only be used in a few A or B felony cases. Under Oregon law, the listed felonies may be reduced to misdemeanors at or following sentencing: sale of marijuana, possessing marijuana under the class B felony; or racketeering, a class A felony. You must have successfully completed probation have had the offense reduced to a misdemeanor.

Basically, as long is your offense is a class C felony or a misdemeanor and is not a traffic violation, you are eligible to have your offense expunged.

Once you know that your offense is one that can be expunged, three years must have gone by since the date of conviction, and you must not have been convicted for anything besides traffic tickets for at least ten years preceding to the filing to get your record expunged. This means if you were convicted of theft in 2000, and then theft in 2004 you cannot expunge until 2010. You have to wait ten years after the first theft, and then you can expunge both convictions.

To conclude, your right to have the court expunge your conviction is not absolutely certain. The trial court is given some discretion in deciding whether or not to expunge your criminal record. The court may look at your behavior and how you are doing as a citizen since the conviction, and may or may not want to hear from the victim as to if they think you should be able to expunge your record. Nevertheless, in practice it is rare for the court to have a hearing as long as all the fundamental requirements are provided for expungement and have been met, and the District Attorney's office has no objection to the motion.