Expungement in Oregon
Removing an old crime from your record is not only possible, but with out help we will make quick and painless. For sealing adult crimes the process is called a 'set aside' and for juvenile adjudications the process is called an 'expungement'. When a crime has been removed from your record it will not stand in the way of obtaining a better or new job, being promoted, finding housing, or successfully passing a background check to purchase/possess a firearm. Under Oregon law if a crime has been Set Aside it is "deemed not to have occurred" and you "may answer accordingly any questions relating to its occurrence." See ORS 137.225 for more details.
Every set aside has fees to the court, a background check fee, and requires a Motion, Order, and Affidavit. These are all documents your lawyer will prepare for you. It will be necessary to obtain one fingerprint card. Fingerprint cards are maintained by the federal government, and the same anywhere in the United States.
Click the link to find out where you can obtain a fingerprint card in your area.
Step 1: Is your crime eligible to be set aside?
There are many Oregon crimes that are eligible to be Set Aside or sealed. Almost all Misdemeanors and Class C Felonies are eligible for this process. All Possession of a Controlled Substance convictions. After legalization, almost all Marijuana crimes are eligible to be Set Aside regardless of their classification in the criminal justice system. If you have a crime that qualifies under this list you may qualify for a Set Aside of your old conviction.
Crimes that are statutorily not eligible include;
Criminal Mistreatment (if constituting elder abuse)
Endangering the Welfare of a Minor (if constituting child abuse)
Criminally Negligent Homicide
Assault in the Third Degree (if the victim was under 10 years of age)
A Sex Crime (unless you have been granted relief from the registry requirement)
Traffic Crimes (DUIIs, Eluding in a Vehicle, and Reckless Driving)
By contacting the team at Kollie Law, we will assist in determining if the crime that you were convicted qualifies for a Set Aside. We have set aside hundreds of crimes successfully.
Step 2: Has enough time passed?
For a Class B felony, seven years from the date of conviction or the release of the person from imprisonment for the conviction sought to be set aside, whichever is later.
For a Class C felony, five years from the date of conviction or the release of the person from imprisonment for the conviction sought to be set aside, whichever is later.
For a Class A misdemeanor, three years from the date of conviction or the release of the person from imprisonment for the conviction sought to be set aside, whichever is later.
For a Class B or Class C misdemeanor, a violation or the finding of a person in contempt of court, one year from the date of conviction or finding or the release of the person from imprisonment for the conviction or finding sought to be set aside, whichever is later.
Traffic violations do not count toward these time calculations. You are also allowed to have one (1) non-traffic violation (MIP, possession of marijuana, etc).
If you were unsuccessful on your probation and 'revoked' from your probation than the clock starts over. If probation is unsuccessful than the application requires a wait for ten (10) years from the date of that revocation.
The time calculations are complex and there are many, many variables. It is best to have a free consultation with an experiences expungement attorney to discuss the eligibility of your crime and how we can assist you.
To set aside a crime you have to have completed probation successfully including;
Paid back all the fines and fees
This includes any fines and fees on other cases you may have, including traffic violations
Completed your community service
Completed the treatment courses necessary on your case
Waited enough time to be off probation
Did not violate the law during your probation
The attorney at Kollie Law will assist in answering all of your questions and assisting with a Motion to Set Aside you old conviction. Do not hesitate to contact our office to discuss your options on sealing old crimes.