Expungement Kit Home
Contact Us

Join our Affiliate Program

 

Google

 

 

 

THE OREGON DO-IT-YOURSELF
EXPUNGEMENT KIT
GET AN OREGON EXPUNGEMENT

If you are seeking an Oregon expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the OregonExpungement Kit is ready.

Requirement(s) to qualify for an expungement in the state:

Expungement of Juvenile records in the state

For expunction of juvenile records, the following conditions must be met:

  1. At least five years have elapsed since the date of the person's most recent termination;
  2. Since the date of the most recent termination, the person has not been convicted of a felony or a Class A misdemeanor;
  3. No proceedings seeking a criminal conviction or an adjudication in a juvenile court are pending against the person;
  4. The person is not within the jurisdiction of any juvenile court on the basis of a petition alleging an act or behavior as defined in ORS 419B.100 (1)(a) to (c) and (f) or 419C.005 (delinquency and dependency cases);
  5. The juvenile department is not aware of any pending investigation of the conduct of the person by any law enforcement agency.
      Also, when a person who is the subject of a record kept by a juvenile court or juvenile department reaches 18 years of age, the juvenile court, after a hearing when the matter is contested, shall order expunction if:
    1. The person never has been found to be within the jurisdiction of the court; or
    2. The conditions listed in the preceeding paragraphs have been met.

Regardless of the above, the court may also order juvenile records expunged when it finds it is in the best interests of justice.

For adults records sought to be set aside under O.S. §137.225 the following conditions must be met:

  1. At least three years have passed from the date of conviction; and
  2. You fully complied with all requirements of your sentence, including payment of restitution and all other financial obligations; and
  3. You have no pending criminal charges; and
  4. You have no other convictions (except traffic convictions) within the ten-year period preceding the filing of this motion. Convictions which have previously been set aside or convictions for conduct associated with the conviction you are now seeking to set aside are counted, if they occurred within the ten year period;and
  5. The conviction you want set aside is not a state or municipal traffic offense; and
  6. The type of conviction your motion is based upon is:
    1. A class C felony, except for the type of offense described in section “g” below; or
    2. Any crime that was punishable as either a felony or misdemeanor by the court at the time of the sentence (regardless of the sentence actually imposed), if committed on or after January 1. 1972, except for the type of offense described in section “g” below; or
    3. Any conviction for possession of marijuana (even if convicted of Class B felony possession or a lesser charge, such as a misdemeanor or violation); or
    4. A misdemeanor, whether cited under state law, city or county ordinance,except for misdemeanors described in section “g” below
    5. A violation (including non-traffic infractions), whether cited under state law, city or county ordinance; or
    6. Any conviction for an offense committed before January 1, 1972, which if committed after that date would be classified under categories “a” through “e” above. (The exception is section “g” also applies.)
    7. Exceptions: if the conviction described in section “a” through “f” involves the type of offense listed below, the conviction does not qualify for a motion to set aside:
      1. A sex crime; or
      2. One of the following crimes when they would constitute child abuse as defined in ORS 419B.005:
        1. Criminal mistreatment in the first degree under ORS 163.205; or
        2. Endangering the welfare of a minor under ORS 163.575 (1)

You may qualify to have your arrest record set aside if:

  1. You do not have any pending criminal charges; and
  2. You have no convictions (other than minor traffic convictions) within the ten-year period preceding the filing of the motion. Convictions which have previously been set aside or convictions for conduct associated with the conviction you are now seeking to set aside are counted, if they occurred within the ten year period; and
  3. You have no other arrests within a three year period preceding the filing of the motion (except for minor traffic offenses and arrests for conduct associated with the arrest you are seeking to have set aside); and
  4. The arrest you want set aside is not a state or municipal traffic offense; and
  5. One of the following applies to the arrest you seek to have set aside:
    1. No accusatory instrument (charging you with a crime) was ever filed and at least one year has passed from the date of arrest to the date you file the motion to set aside. If you “secreted” yourself inside or outside of Oregon , the time in which you did this does not count as part of the one year period; or
    2. You were charged with a crime but the charges were dismissed or you were acquitted at trial (found not guilty). If this happens you can file the motion to set aside at any time and do not need to wait one year from the date of arrest; or
    3. The arrest you are seeking to have set aside resulted in a conviction of the type described in subsections “a” through “f” of section six, above. It is not a sex crime or a crime involving child abuse, as described in section “g” above.
      (An arrest for a sex crime or a crime involving child abuse may be set aside if it did not result in a conviction)

Additional restrictions on who can qualify for an expungement

    For juvenile records sought to be expunged under O.S. § 419A.262, an expunction proceeding shall be commenced in the county where the subject person resided at the time of the most recent termination. Upon application of either a person who is the subject of a record or a juvenile department, or upon its own motion, the juvenile court may order expunction if it finds the above described conditions are met or it is in the interests of justice to expunge the records.

Does the law provide for sealing? What are the requirements?

You may qualify to have your arrest record set aside if:

  1. You do not have any pending criminal charges; and
  2. You have no convictions (other than minor traffic convictions) within the ten-year period preceding the filing of the motion. Convictions which have previously been set aside or convictions for conduct associated with the conviction you are now seeking to set aside are counted, if they occurred within the ten year period; and
  3. You have no other arrests within a three year period preceding the filing of the motion (except for minor traffic offenses and arrests for conduct associated with the arrest you are seeking to have set aside); and
  4. The arrest you want to set aside is not a state or municipal traffic offense; and
  5. One of the following applies to the arrest you seek to have set aside:
    1. No accusatory instrument (charging you with a crime) was ever filed and at least one year has passed from the date of arrest to the date you file the motion to set aside. If you “secreted” yourself inside or outside of Oregon , the time in which you did this does not count as part of the one year period; or
    2. You were charged with a crime but the charges were dismissed or you were acquitted at trial (found not guilty). If this happens you can file the motion to set aside at any time and do not need to wait one year from the date of arrest; or
    3. The arrest you are seeking to have set aside resulted in a conviction of the type of not a sex crime or a crime involving child abuse,
    4. An arrest for a sex crime or a crime involving child abuse may be set aside if it did not result in a conviction.  

What does it mean if you have a record expunged or sealed

An individual who has successfully gained expungement of a criminal conviction is entitled to answer "No" when asked if he has a prior criminal conviction within the context of an employment application. As a result of a successful expungement motion, all official records of the arrest or conviction must be sealed.

Juvenile courts, may direct that records be destroyed. No such records shall be destroyed until at least three years have elapsed after the date of the person's most recent termination. In the event the record has been expunged, the expunction judgment and list of complying and non complying agencies shall not be destroyed, but shall be preserved under seal. This destruction does not constitute expunction.

In records of adults arrested or convicted, expunction means the setting aside of the arrest or conviction and sealing of records. The setting aside of an arrest or a conviction does not absolutely close the records. The Court could be asked to unseal your record, but only exceptional circumstances would justify this. A Court Order is required to unseal a record.

In adult cases, police records, court records, probation or parole records, and jail or prison records may be expunged. Police investigation records may also be ordered expunged.

In juvenile cases, the court may order expunction of all or any part of the person's record if it finds that to do so would be in the best interests of the person and the public.

 

Are you eligible for an OregonExpungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .

Be sure to check the site often as we are in the process of adding the Expungement Kit for the State of Oregon soon.


   
Click here to read our disclaimer and limited warranty