4 Changes to Oregon's Expungement Laws Effective Jan. 1, 2016
Oregon’s legislators have made some changes to ORS 137.225, commonly referred to as the expungement statute. So what’s the big news? More people than ever are now eligible to move forward with their expungements. Having a clean slate can positively affect your work, family, and emotional life.
1. Convictions for B Felony drug possession crimes will now be eligible for expungement without having to wait 20 yearsThis covers people convicted of possessing heroin, LSD MDMA/ecstasy, psilocybin, and other schedule 1 controlled substances.
2. Allows one non-traffic violation conviction without re-tolling the ten year waiting period for an expungementThis means that someone with an eligible misdemeanor or felony conviction and a violation conviction can have the misdemeanor or felony expunged now, rather than waiting 10 years from the date of the violation conviction. What is a non-traffic violation? Some examples are: nonpayment of trimet fare, theft or other misdemeanor reduced to a violation, pcs less than an ounce.
3. Changes waiting period in cases where probation was revokedIf the probation was revoked for non-compliance the waiting period to apply for expungement is now ten years from the date the probation was revoked. In many cases, probation is revoked due to new convictions for crimes that occurred while on probation. Thus, this change is not likely to affect too many individuals, since these people with more than one conviction must wait ten years prior to applying for expungements.
4. Prohibits expungement of Assault III if the victim was under ten years old at the time of the offenseThis change should not impact too many people because Assault convictions involving "child abuse" were not eligible for expungement prior to this change in the law.