Understanding the expungement process in Oregon
People who have been convicted of certain crimes in Oregon may be eligible for expungement, ultimately wiping the crime off of their record.
People who have been convicted of a crime in Oregon may have difficulties finding employment, qualifying for a loan, obtaining a professional license or even finding a place to live. In some cases, people may be given a second chance through the expungement process. According to the Oregon State Bar, expungement occurs when a criminal charge or conviction is wiped clean from a person’s criminal record. Once a crime is expunged or set aside, it is as if the incident never occurred. People are able to go on and live their life, crime free.
Qualifications for expungement
Not all crimes are eligible for expungement in Oregon. The Oregon government states that convictions for traffic offenses, including DUIs or speeding citations are not able to be set aside. Most sex crimes, Class A and Class B felonies are also not eligible for expungement. People who are interested in having their record wiped clean must also meet the following qualifications:
- The person is not currently under prosecution for any other type of crime.
- The person has not been convicted of a criminal offense for the last 10 years.
- There have been no arrests for at least three years from the date the person files for expungement.
- The person has not filed for an expungement for at least 10 years.
- All fees must be paid. However in some cases, the fees may be waived.
- The proper documents must be filed with the Oregon court of law, as well as sent to the prosecuting attorney’s office. If there are any victims involved, they have a right to review the documents and object to the expungement.
If all of the qualifications are met, the applicant will be able to start the expungement process
The expungement process
The process begins when the proper documents are filed with the Oregon court of law in the jurisdiction where the applicant was arrested. The expungement paperwork must be sent to the prosecuting attorney’s office as well. If there were any victims involved in the crime, they will be given a chance to review the documents and may object to the expungement. The prosecuting attorney and court will review the case history and either approve or deny the case. If approved, the person’s criminal conviction will be wiped off of his or her record.
Partnering with an attorney
Legal assistance may be extremely helpful during the expungement process. The process for setting aside a crime can be difficult, and it is essential that all of the documentation is filled out correctly to avoid any complications. A criminal defense attorney in Oregon may provide the legal counsel necessary to maximize the chances that your expungement will be approved.
Keywords: expungement, criminal, record, arrest, conviction