Oregon Expungement Requirements
Description
How to fill out Affidavit In Support Of Motion To Order Expungement Of Criminal Record?
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FAQ
There is a statutory process for having a record expunged. You do not need to report an arrest/conviction that has been expunged.
What crimes cannot be expunged in Oregon? Unclassified Felonies. ... Class A Felonies. ... Class B Felonies - Person Felonies. ... Most Sex Crimes. ... Class C Felonies - Limited Number. ... Class A Misdemeanors - Limited Number. ... DUI and Driving-Related Offenses.
Eligibility & Timing Changes The previous 10 year look back period has been eliminated. It has been replaced by a new shorter, but more complex, eligibility standard that is based on the the category of crime you want to expunge and the length of time since your last criminal conviction (for any crime).
Generally speaking, you can expunge Class B felonies after 7 years and Class C felonies after 5 years. You can almost never expunge Class A felonies and serious sex offenses. As for misdemeanors, you can expunge Class A misdemeanors after 3 years and low-level Class B or C misdemeanors after only 1 year.
After a successful set aside, the conviction is removed from official records and should not show up in a background check. Oregon law allows you to deny the conviction ever occurred, because under the law it is deemed not to have occurred.