Oregon Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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Multi-State
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US-02243BG
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Word; 
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

There are two main methods through which clemency can be given?pardon or commutation of sentence. A pardon exempts a convicted individual from any remaining punishment or future consequences stemming from a conviction. Commutations reduce an individual's sentence, either fully or partially.

Here they are: Criminal Mistreatment in the First Degree (certain cases) The victim was 65 years or older at the time you committed the crime. The offense constitutes child abuse under Oregon law. Assault in the Third Degree if the victim was a child 10 years old or less.

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 It has been replaced by a new shorter, but more complex, eligibility standard that is based on the the category of crime you want to expunge and the length of time since your last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).

However, commutations are not the only alternative to pardons. If you are interested in having your criminal history erased or sealed, another good option is an expungement.

Clemency is a general term used for the act of reducing the penalties of a crime, similar to a commutation. Also, pardons are actually considered a form of clemency. If you receive a pardon, you are always receiving clemency, but if you receive clemency, you are not always receiving a pardon.

Expungement and pardons are two different processes. An expungement is a way to seal your criminal offense from most public searches. A pardon relieves someone convicted of a crime from penalties, including jail time. A person with expunged records can claim they do not have a criminal conviction on their record.

The total cost of an expungement of a prior conviction is $800. This includes a $33 background check fee to the Oregon State Police and attorney's fees of $767. The cost to expunge a prior arrest that did not result in a conviction is $700.

Receiving a pardon frees you from the conditions of your sentence and restores your civil rights (such as the right to vote or sit on a jury). But it does not clear your record. For instance, a person who receives a federal pardon will still have a criminal record?it will contain a notation of the pardon.

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Oregon Petition for Expungement of Record in Case of Acquittal and Release without Conviction