Using Expungement To Remove Criminal Convictions From Your Record
A criminal history can have significant consequences for many years after the incident. Housing, job opportunities, volunteer work and many other areas of life can be negatively impacted by arrests and criminal convictions. It is always wise to expunge or set aside any prior criminal history if you are eligible to do so. In 2021, Oregon revised its expungement laws, made the process much simpler and brought waiting periods more in line with other states across the nation.
Convictions That Are Eligible For Expungement
Not all criminal convictions are eligible for expungement. Driving under the influence of intoxicants (DUII) and other traffic offenses, most sex offenses, most Class A felonies, abuse and assault on seniors and children, Class A and Class B robberies, and most charges involving the manufacturing or delivery of drugs do not qualify for expungement. Charges that do qualify for expungement include:
- Burglary and third-degree robberies
- Drug-related crimes – most marijuana charges are eligible for expungement as well as Class B and Class C felony possession of drugs charges
- Assault and domestic violence – eligibility for these charges is limited based on whether you have past domestic violence convictions and the degree of the assault
- Various other misdemeanors and Class B and Class C felonies
The complete list of eligible convictions is too long to list here, but you can contact us at Usera & Snow, P. C. for a free consultation to see if your conviction qualifies.
Expungement Eligibility Guidelines
With the exception of dismissed charges and not guilty verdicts, there are waiting periods before you can petition the court for expungement based on the type of conviction. To be eligible, you must have a clean record with no criminal charges during the waiting period (the “look-back” period, which begins with either the date of the conviction or the prison release date, whichever is later). As of January 1, 2022, the look-back periods for expungement are as follows:
- Arrests where no charges are filed – 60 days
- Class B and C misdemeanors – one year
- Contempt orders – one year
- Violations – one year
- Class A misdemeanors – three years
- Class C felonies – five years
- Nonperson, class B felonies – seven years
Prosecutors have 120 days to file an objection if they choose to do so. In order to block an expungement, the state must present “clear and convincing” evidence that the person applying for expungement presents a risk to public safety. By hiring an experienced attorney, you improve your chances of getting your criminal conviction expunged.