EXPUNGEMENT OF CRIMINAL RECORDS

How to expunge criminal record:

An expungement refers to the process of filing a motion asking the court to set aside / seal a record of conviction(s) and / or arrest(s). If the motion is granted, the court will order the sealing of criminal records, the arrest record, and any other official records in the case including police reports associated with the case. The relevant statute related to Oregon expungement procedures is found at Oregon Revised Statutes (ORS) 137.225.

Oregon Expungement:

Am I eligible for expungement of criminal records?

Were you convicted of the crime? If so, see section I. If you were arrested but not convicted, refer to section II.

1. Expungement of convictions
   1. Eligible criteria for expungement
      1. Cannot have been convicted of any other crime within the past 10 years;
      2. Must be over three (3) years from date of conviction;
      3. Must be a class C felony or less; and
      4. Must have fully complied with and performed the sentence of the court, i.e. you had to complete your probation obligations, fines, treatment, and restitution.
      5. If the conviction involves two or more charges, you generally are have to wait at least ten years after the judgment was entered.
   2. Convictions that cannot be expunged
      1. You cannot expunge a conviction for a traffic offense; a sex crime; criminal mistreatment under ORS 163.205 (if it involves child abuse); or endangering the welfare of a minor under ORS 163.575(1)(a) (if it involves child abuse).
2. Expungement of arrests
   1. Eligible criteria for expungement
      1. You can move to expunge the arrest for most crimes (even Class A or B felonies and sex crimes) if your case is no- complainted, dismissed after being issued, or if you’re found not guilty at trial
   2. Arrests that cannot be expunged
      1. You cannot expunge an arrest or citation for any traffic offense.

Can I expunge a DUII conviction/ diversion?

No. Currently, traffic offenses, including charges of DUII, reckless driving, failure to perform duties of a driver, speeding, etc. cannot be expunged under Oregon law.

Can I expunge a conviction of possession of marijuana?

Yes, possession of marijuana is eligible for expunction under Oregon law if you’re otherwise eligible.

Can I expunge a conviction of prostitution?

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

Can I expunge a conviction of a drug charge?

Maybe. Some drug offenses are expungeable including many possession charges and several offenses involving marijuana. Many delivery and manufacturing charges are not expungeable.

How much will it cost to expunge my Oregon record?

At Levinson Law we offer expungement packages for a flat fee. These comprehensive packages provide the forms needed to process your expungement motion effectively. You will also be required to submit a fingerprint card and an $80.00 money order payable to Department of State Police. Give us a call to find out if Levinson Law is a good match for you. Call 503.222.9057 or contact us online today. Located in Portland , Oregon .

How much time will it take to expunge my record?

It usually takes a 8-12 weeks for the court to address a motion for expungement. If the motion is contested by the District Attorney’s Office, it may take longer and additional legal fees may be incurred.