Bend Drug Crimes Expungement Lawyers

Comprehensive Guide to Oregon's Expungement Laws

At Baxter Law, LLC, we provide experienced representation to clients in Oregon. If you have been arrested and convicted of a crime, you may be able to have your criminal record expunged. Our Bend expungement attorneys will discuss your eligibility, and will answer your questions throughout the process.

What is the Expungement Process?

Expungement is the process of making an arrest or conviction like it never happened. The court documents are destroyed, and you will be able to legally deny that you were arrested or convicted. The arrest or conviction will also be unsearchable on background checks.

Eligibility Requirements for Expungement in Oregon

For arrests and dismissals, you will be eligible for expungement immediately after the charges are dismissed, or after 60 days of being arrested but not formally charged with a crime.

To be eligible for expungement of a misdemeanor or felony conviction, you must complete all sentencing requirements, have no pending cases in any court, and have no arrests or other convictions. The waiting periods to apply for expungement depend on the class of the offense.

Below are the eligibility timelines for the different levels of crimes:

• Class B felonies (non-person): 7 years
• Class C felonies: 5 years
• Class A misdemeanors: 3 years
• Class B & C misdemeanors: 1 year

Note that Class B person felonies are not eligible for expungement unless the person seeking the expungement has met certain requirements:

1. 20 years has passed since the date of conviction or the date the person was released from prison
2. Other than motor vehicle violations, the person has not been arrested or convicted of any other offense

Class A felonies can't be expunged unless reduced to a Class B felony first.

Expungement of Felonies and Misdemeanors in Oregon

In Oregon, several criminal records may be expunged – both felonies and misdemeanors.

In most cases, misdemeanors and non-conviction records can be expunged, along with most Class C felonies.

As of January 1, 2022, many Class B felonies can be expunged, provided that they are non-person felonies.

Eligible offenses include:

• Drug distribution
• Drug manufacturing
• Possession of body armor or weaponry
• Money laundering
• Theft crimes

Some Class A felonies may be expunged. Yet, some crimes are not expungable, such as traffic offenses, DUII charges after completing the DUII diversion program, violent crimes, and sex crimes. misdemeanors and non-conviction records can be expunged, along with most Class C felonies. Some Class A and B felonies may be expunged. However, crimes that will not be expungable include traffic offenses and DUII charges after completing the DUII diversion program as well as violent crimes and sex crimes.

Understanding the Costs of Expungement in Oregon

In January of 2022, the previous filing fee of $281 applied when seeking an expungement was eliminated. The $80 Oregon State Police fee for a background check was reduced to $33.

Other court costs and attorney's fees may apply.

There are no filing fees for expunging an arrest record in Oregon.

Timeline for the Expungement Process in Oregon

Once you file the petition with the court, the process will take about 3 months. The motion will be filed with the court and a copy is sent to the district attorney. Once the judge signs the petition, your record will be sealed. If the district attorney disputes your petition, the process may take longer to resolve.

Get in Touch with Our Bend Expungement Attorneys Today

While it is possible to file the petition to expunge your criminal record on your own, it is highly recommended that you obtain legal counsel. The process can be confusing, and requires a thorough understanding of state laws. One mistake on the paperwork could cause your petition to be denied, so it is important to have a knowledgeable Oregon expungement lawyer to walk you through the process.