Expungement
Clearing Your Criminal Record
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. Call (503) 454-6610 for a free initial case analysis.
Expungement
Expungement is the process of sealing your criminal record so that it is no longer accessible to the public. This means that your record will be hidden from employers, landlords, and other people who might conduct a background check on you. Expungement can help you get a job, rent an apartment, and live a normal life after you have been convicted of a crime.
Oregon Revised Statutes (ORS) 137.225 governs expungement in Oregon. This statute sets forth the requirements for expungement, including the types of crimes that can be expunged, the waiting periods that must be met, and the procedures that must be followed.
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:
Did You Know?
Once an arrest or conviction has been expunged it is removed from public record, as if it never even happened.
You Were Convicted of a Crime
In Oregon, you may be eligible for expungement if you have been convicted of a crime eligible for expungement under ORS 137.225 and have fully complied with the terms of your sentence.
The specific requirements for expungement vary depending on the type of crime you were convicted of. For example, a Class A felony conviction is not eligible for expungement, but a non-person Class B felony conviction is eligible for expungement as long as there was no violation of ORS 166.429 (Firearms used in a felony) after 7 years or release from imprisonment and the person has NOT been convicted or arrested or received a criminal citation since the date of the conviction for the offense the person is seeking to set aside.
In Oregon, you may be eligible to expunge the following crimes:
You Were Not Convicted of a Crime
If you were arrested but not ever charged or convicted of a crime, you can ask the court to expunge your record one year from the date of your arrest.
If you were arrested and charged with a crime but the charges were dismissed or you were acquitted, you can petition the court to set aside your record immediately. To qualify you must meet the following criteria:
Sealing an Arrest or Conviction
To apply for expungement, you must file a motion with the court that convicted you of the crime. The process to successfully expunge your conviction is complicated and requires several steps and documents, which is why at attorney’s help is important. For most people, getting the expungement done quickly is important. Not having an attorney’s help who knows how to accomplish the expungement as soon as possible will only delay your effort to accomplish a clean(er) record.
The motion must include a copy of your criminal record and a fee, amongst other documents. The court will then review your application and decide whether to grant your request.
Here are some additional things to keep in mind about expungement in Oregon:
- You cannot expunge a crime if you are still on probation or parole.
- You cannot expunge a crime if you have been convicted of another crime since the one you are trying to expunge.
- Expungement does not erase your criminal record completely. It simply seals your public record so that it is no longer accessible to the public.
- Expungement will not remove your record from a privately owned website, for example.
- The process of expungement can be complex and time-consuming. It is important to consult with an attorney to ensure that you meet all of the eligibility requirements and that your application is processed correctly.
- If your application for expungement is denied, you may be able to appeal the decision.
Benefits of expungement
There are many benefits to expungement, including:
- You may be able to get a job or accomplish a promotion at your current job that after successful expungement.
- You may be able to rent an apartment after successful expungement.
- You may be able to volunteer for organizations or at your kids’ school or sports team after successful expungement.
- You may be able to obtain a professional license after successful expungement.
- You may be able to travel to countries after successful expungement.
- You will be able to vote in elections after successful expungement.
- You may be able to obtain a security clearance.
If you are interested in chatting with us about expunging your record, please give us a call today. We handle many expungements every year in many counites throughout the state of Oregon. We should be able to review your record over the phone, in most cases, and give you a cost so that you can get this process started (and finished!) as soon as possible.
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.
