It’s important to remember an expunged and set aside record is not a completely forgotten one. These records aren’t completely erased, and an expungement will still be a part of your criminal record. That means that certain government entities, like the FBI, may still be able to view these records. They may even still be viewable via some non-governmental background checks. In some cases, an expunged record that is “under seal” may be considered as evidence of a prior arrest or conviction. There are also situations where they may be admissible in some civil proceedings.

However, by having your records expunged and set aside of any arrests or convictions, they are “sealed” or erased from your criminal record for most purposes. After you’ve worked with an expungement attorney in Oregon to expunge and set aside your record, you will no longer need to disclose your criminal arrests or convictions. That means during background checks, or public records inspections conducted by employers, educational institutions, or other companies, you may not be required to disclose criminal records from the past. What a great way to move forward with your life. 

These phrases are often used interchangeably, but are not equivalent. Getting your records sealed is similar to an expungement and set aside, but the sealed record still exists after it’s been sealed. That means that the sealed record can be found both legally and physically. Expungement and seta side generally leads to the deletion of any record that an arrest or charge has occurred.

These terms are also often confused. It’s important to remember that a pardon forgives a person for any offense and then cancels any of the punishments that may still remain. Pardons are only possible after a conviction is made. 

The main difference between an expungement/set aside and a pardon is that any records are still public after a pardon. In some cases, the individual can then work to have the offense that was pardoned subsequently expunged from their records. Expungements and set asides can be granted by judges, while pardons are typically granted by state governors, or the President of the United States.

If you’re interested in seeing some of the pardons made by Unites States Presidents, including President Biden’s pardons, and pardon’s by President Trump, check out the Office of the Pardons Attorney, at the U.S. Department of Justice. You might be surprised at what you find!

After an arrest and conviction you may struggle to find a job, take out a loan, or get a professional license. Fortunately, getting your record expunged and set aside is a sort of “second chance.” The first step is to schedule a consultation with an expungement attorney to see whether you’re eligible for an expungement or not.

If you meet all of these requirements, you can move forward with the expungement process.

The actual process begins when you meet with an expungement attorney who helps you file the proper documentation. The documents are filed with the Oregon court of law in the same jurisdiction where you were arrested or convicted. The prosecuting attorney and the court then reviews the case history and either approves or denies the case. Once approved, the criminal record is expunged. In some cases, you may have to have completed all of your sentences or probation.

It’s important to remember that the petition to expunge your record is generally specific to one crime, conviction, or arrest, and not your entire criminal record.

Not every case is eligible to be expunged. Certain expungement requirements (such as lapse of time) must be met. For example, at least one year must have gone by since the date of the conviction for a Class B or C misdemeanor or violation, minimum 60 days since arrest. The periods are longer for other convictions you wish to have expunged and set aside. In some situations, 7 years must have passed since the last arrest or conviction. If charges were never brought against you in court, but you were initially arrested, you may be eligible to have the arrest set-aside after 60 days. Eligibility for expungement isn’t always easy to determine without the help of an experienced expungement attorney.

To see if you qualify to have your past set aside, and your criminal charges expunged or arrest record cleared, contact the Donahue Law Firm today.

Your initial expungement consultation is free.

Call Today: (541) 216-7266.

Even if you aren’t eligible for expungement, you may be eligible for other types of relief from long-term consequences such as Oregon driver license restoration, or getting your gun rights restored.

More than just cleaning up your criminal record, expungement offers a host of benefits that can dramatically improve your quality of life. A criminal record, whether it’s an arrest or a conviction, can keep you from pursuing educational opportunities, new careers, and even places to live.

A background check is a standard part of most employment offers, and those without an expunged record may struggle to find employment. Having your record expunged makes you eligible for a wider variety of career opportunities. However, if you’re looking for employment with the federal government or with law enforcement, this record may be accessible to these agencies, regardless of whether your record was expunged or not.

In many cases, free and low-cost assistance and resource programs are only available to those who submit their personal information, including whether they have been arrested or convicted. Additionally, a criminal record can impact your relationships with friends, family, and community members. By having these marks expunged, you gain access to these valuable networks again.

You can seek an expungement for a number of reasons, but it’s in your best interest to work with an experienced criminal defense attorney when you do so. The Donahue Law Firm can help you produce professional applications and documents that improve your chance of getting your record expunged. Most of the time, we are able to expunge past indiscretions for the cost of less than one month’s rent.

Call the Donahue Law Firm to see if expungement and set aside is an option for you.

Expunge the past. Move on with your future.

 

Call Today: (541) 241-6657