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Oregon Expungement Process Explained

The Criminal Defense law firm of Rhett Bernstein employs former prosecutors, former law enforcement officers, and former forensic experts. Rhett Bernstein defends clients throughout the state of Oregon, including Multnomah County, Clackamas County, Washington County, and all Portland-area municipal courts in the following counties and cities:

Clackamas County Multnomah County Washington County
Boring Gresham Banks
Canby Maywood Park Beaverton
Clackamas Portland Bull Mountain
Damascus Troutdale Cornelius
Estacada Wood Village Durham
Gladstone   Forest Grove
Happy Valley   Gaston
Lake Oswego   Hillsboro
Milwaukie   King City
Molalla   Laurelwood
Oregon City   North Plains
Sandy   Sherwood
Tualatin   Tigard
West Linn   Tualatin

Expungement FAQ

What is meant by the terms expungement, expunge, expunction in Oregon?

These terms all refer to the process of filing a motion asking the court to set aside or seal a record of convictions or arrests. If the motion is granted, the court will order the sealing of the conviction record, the arrest record, and any other official records in the case including police reports associated with the case.

I was convicted of a crime years ago, how do I know if I am eligible to expunge my Oregon conviction?

Determining whether or not you're eligible to expunge your conviction requires a consultation with an experienced expungement lawyer. Contact Rhett Bernstein for a free initial case analysis.

I have an Oregon DUI or DUI diversion on my record. Can I expunge or seal this offense?

DUI and other traffic crime arrests may be expunged if the charge was dismissed (other than DUI diversion-related dismissals) or if the prosecutor declined prosecution on the case. However, DUI convictions and dismissals resulting from the successful completion of the diversion program still will not be eligible to be sealed or expunged.

I was convicted of Possession of Marijuana which was a Class B felony at the time of my arrest, can I expunge this conviction?

Yes, possession of marijuana is eligible for expunction under Oregon law.

I was convicted of Prostitution in Oregon, can I expunge this offense?

Yes, this offense may be expunged if you're otherwise eligible.

I was convicted of a drug charge several years ago, can I expunge this conviction?

Maybe. Some drug offenses are expungeable including many possession charges and several offenses involving marijuana. Many delivery and manufacturing charges are not expungeable. Contact Oregon expungement lawyer Rhett Bernstein for direct advice about expunging your criminal conviction.

Do I really need to file a motion to seal my record? I thought that expungement happens automatically.

Your Oregon criminal record will not be expunged unless you (or your attorney) makes a formal written motion to seal the arrest or conviction. It does not happen automatically.

How much will it cost to expunge my Oregon record?
  • Motion to Seal Arrest Record: no court fees
  • Motion to Seal Conviction Record: $240 + $80
  • You will also have to pay for fingerprinting and your lawyer's fee if you hire an attorney. Most expungement motions are uncontested so the legal fees are typically modest.
How much time will it take to expunge my record?

It usually takes a few weeks to a few months, depending on the jurisdiction, for the court to address a motion to seal your record. If the motion is contested by the District Attorney's Office, it may take still longer.

How do I contact Rhett Bernstein for help with my Expungement-related question?

Rhett Bernstein offers a free initial case analysis. To set up an appointment or to speak with Mr Bernstein:

We Can Help with your Expungement-Related Questions

The expungement process is complicated and time consuming. It’s very difficult to know for sure whether your record even qualifies for expungement. Criminal law attorney Rhett Bernstein will help you with this very complicated process each step of the way. We can determine whether or not you are eligible for an expungement. If you are, we will complete the applicable paperwork and guide you through the steps in setting aside the conviction and record of arrest. For more information about sealing a criminal record through an expungement, contact Rhett Bernstein for a free initial case analysis.

Legal Disclaimer: Nothing on this site shall be taken as legal advice. For advice on a legal matter, contact attorney Rhett Bernstein immediately for a free, confidential, no obligation consultation.

Criminal Defense attorney Rhett Bernstein is available to practice criminal law anywhere throughout the state of Oregon, including: Clackamas, Multnomah, and Washington counties; as well as most municipal courts throughout the Portland Metro area.