Determine whether your conviction and/ or arrest qualify for Expungement
Not all crimes and arrests are allowed to be cleared from the court records.
ORS 137.225 lists the crimes that may be expunged:
(a) A Class C felony, with some exceptions; The crime of possession of the narcotic drug marijuana when that crime was punishable as a felony only; A crime punishable as either a felony or a misdemeanor, in the discretion of the court, with exceptions related to children; A misdemeanor, A violation; and some older offenses.
One qualified conviction may be cleared if there have been no other convictions for three years from the date of conviction and all conditions of the conviction have been completed.
If there are more than one conviction within a three year period, there must be a 10-year lapse of time without conviction prior to filing for an expungement.
Arrest records (if there is no charge made) may be sealed after one year from the date of arrest
Applicants must file a Motion to Seal Arrest Record and/Or Expunge Conviction with the court in which the judgment of conviction was entered. You must serve on the District Attorney in the same county a copy of the Motion, along with an $80 cashier's check made payable to Oregon State Police.
Procedures differ by county. In some counties, the applicant must submit his or her own copy of an Order that the judge will eventually sign.
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