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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:

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

Expungement FAQ

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.

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.

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.

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

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

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.

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.

  • 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.

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.

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.