Records for arrests and charges that were dismissed may be eligible for expungement. Traffic offenses, unfortunately, are not eligible to be expunged. You also must not have other pending charges at the time you file your motion to expunge your record of arrest. There is a time eligibility requirement that must be met for expunging a record of arrest. You must not have any other arrests within the last 3 years, no convictions in the last 10 years (excluding traffic infractions). There is no waiting period for dismissed charges, however, you must wait 1 year to expunge an arrest when there is an uncharged incident (i.e. no complaint) in order to allow for police investigation.
Below is a brief list of factors that determine whether a conviction is eligible to be expunged. For a more thorough description and step by step process to determining eligibility, visit the Oregon Expungement Guide link below.
- Time Eligibility for Convictions
The first step in determining if a crime is eligible to be expunged is establishing a timeline. There must be no other charges pending at the time a motion to expunge is filed. If there are no other charges pending, then you must determine if it has been at least 3 years since the date of conviction. If this hurdle is met, then you must determine if there are any other convictions within the last 10 years. If there is only 1 conviction, then this conviction is expungable. Then you must establish you have not been arrested within the last 3 years. If there were an arrest within the last 3 years, only that arrest is eligible. If there are no other convictions within 10 years and no arrest within 3 years, then the time period requirement is met.
- Crime Type Eligibility for Convictions
If the time requirements have been met, you must then determine if the crime is one that may be expunged. While many crimes of conviction are eligible to be expunged, there is a long list of crimes that are not expungable.
- Compliance with Sentence and No Other Charges Pending
Once you have determined whether the conviction is one that is eligible to be expunged, there are a few more steps to determine when it may be expunged. For a crime to be expungable, full compliance with the sentence of the court must be established. Thus, if probation is continuing or has been extended, the crime is not yet expungable. There also must be no other charges pending in any jurisdiction, including outside of the United States.
- B Felonies Eligible for Expungement After 20 Years
Even-though ORS 137.225(5)(a) states Class A Felonies and B felonies if classified as person crimes or involve the use of a firearm are not expungable, they still may be if certain requirements are met.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
What determines Avvo Rating?
Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.