If you have a criminal record in Oregon, you may be wondering what your options are for expunging or sealing it. Fortunately, there are several ways to clear your criminal record in the state. In today’s blog post from Donahue Law Firm in Bend, we will discuss the different methods available for expunging or sealing criminal records in Oregon. We will also provide advice on how to choose the best option for your situation. Keep reading to learn more, and call for a consultation today!
What Is Expungement?
Expungement is the legal process of destroying or sealing criminal records. This can be done for both convictions and arrests that did not result in a conviction. When a record is expunged, it means that it will no longer appear on background checks or criminal history searches.
There are two types of expungement in Oregon:
- Limited criminal history expungement
- Full criminal history expungement
Limited criminal history expungement is available for certain misdemeanor convictions and non-convictions, such as dismissed charges and acquittals. To be eligible, you must have no more than three convictions on your record and no pending criminal cases. You also must wait at least two years after completing your sentence before you can file for expungement.
Full criminal history expungement is available for convictions that are not eligible for limited criminal history expungement. To be eligible, you must have no pending criminal cases and you must wait at least five years after completing your sentence. You may also need to complete a drug treatment program, depending on the nature of your conviction.
How to Seal a Criminal Record in Oregon
Sealing a criminal record is different from expunging it. When you seal a criminal record, it means that the record will still exist but it will be hidden from public view. Sealed records can only be accessed by law enforcement, courts, and certain government agencies.
In Oregon, you can seal your criminal record if you were arrested but not convicted, or if you were convicted of a misdemeanor that did not result in jail time. You must wait at least two years after the completion of your sentence before you can file for sealing. If you were convicted of a felony, you can file for sealing after five years.
How to File a Motion to Expunge or Seal Your Criminal Record
If you want to expunge or seal your criminal record, you will need to file a motion with the court. The motion must be filed in the county where you were convicted. Once the motion is filed, the court will set a hearing date. At the hearing, you will need to provide evidence that you are eligible for expungement or sealing.
If you are successful in your expungement or sealing case, the court will issue an order that will direct law enforcement to destroy or seal your criminal record.
Who Is Eligible for Expungement in Oregon?
In Oregon, you may be eligible for expungement if you were arrested but not convicted, or if you were convicted of a misdemeanor that did not result in jail time. You must wait at least two years after the completion of your sentence before you can file for expungement. If you were convicted of a felony, you can file for expungement after five years.
If you have a criminal record in Oregon, you may be wondering what your best option is for clearing it. The answer depends on your individual situation. If you are eligible for expungement, this may be the best option because it will completely remove your criminal record. However, if you are not eligible for expungement, sealing your criminal record may still be a good option.
If you have any questions about expungement or sealing criminal records in Oregon, call our office today for a consultation with a criminal defense lawyer in Bend. We can help you understand your rights and options under the law. Call Donahue Law Firm now!