Recent amendments to Oregon Law make it possible to expunge convictions for a wide range of marijuana offenses that previously did not qualify.
General Requirements of Expungement
To get an expungement in Oregon, certain general eligibility requirements must be met. For a single conviction, the person must wait 3 years from the date of conviction to seek expungement. A person must not have a conviction for any other offense (other than traffic infractions) within the 10 year period prior to filing the expungement motion. Therefore, if a person was convicted of multiple offenses at the same time, the 10 year waiting period applies. In addition, the person must have complied with all conditions of probation or post-prison supervision, and not have any pending charges.
How do the New Laws Affect Marijuana Convictions?
With the passage of new laws in 2014 and 2015, marijuana convictions have been reclassified as lesser-offenses. For instance, possession of more than 4 ounces of marijuana used to be a Class B felony, making such a conviction ineligible for expungement, as expungement is possible only for Class C felonies and misdemeanors, with limited exceptions. Now, all possession of marijuana crimes are misdemeanors, with a limited exception for possession of marijuana extracts (which is not useable marijuana in the common sense of the word). Further, manufacture of marijuana also used to be ineligible for expungement, but now qualifies because it is generally a Class C felony. Delivery of marijuana also generally qualifies for expungement now.
What Marijuana Convictions do NOT Qualify for Expungement?
There are now very few marijuana-related convictions that do NOT qualify for expungement. The major exceptions are manufacture or delivery of marijuana within 1,000ft of a school.
Oregon's New Laws are Retroactive
The new laws passed apply to persons who were convicted prior to the new laws going into effect. Therefore, if you were convicted of a marijuana-related crime, then generally speaking, your conviction may very well qualify for expungement, so long as you meet the other requirements for eligibility. This is fantastic news for thousands of people who have marijuana-related convictions on their record. If you have a marijuana-related conviction on your record, contact an attorney right away to discuss if you now qualify to get the conviction off your record.
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