Is Time Running Out? …We’re Here To Help

Can your criminal charges be set aside?

On Behalf of | May 15, 2020 | Life After Conviction, Post-conviction Relief |

After you have been convicted of a crime and served your time, having a criminal conviction or arrest on your record can be life-changing. It can limit your ability to find work and housing. However, Oregon does offer you the opportunity to have certain crimes “set aside.”

What is clearing your record?

Oregon state law offers people who have been arrested or convicted of a crime the chance to clear their record through a process called “setting aside” or “expunction.” The court can seal official records of these crimes after the application process, and they will not show up on your criminal record or impact future job applications, housing applications and other paperwork.

Which crimes can be set aside from your record?

Many crimes can be cleared from your criminal record, as long as your case meets specific criteria.

The first of the criteria for setting aside crimes is time. Three years must have passed before you can apply to have your record cleared. You must not have had any other criminal convictions for ten years before filing with the court, you cannot have had parts of your record cleared in the past decade and you cannot have any current criminal charges against you.

Second, only certain crimes are eligible for being set aside. These include:

  • Misdemeanors
  • Class C felonies
  • Marijuana crimes
  • Crimes where the court determines whether the offense is a felony or misdemeanor

Finally, to have your record set aside, you must have followed the court’s sentence. Following these provisions—including completing any probation or paying any fines—is an essential precursor to having your record cleared.

Which crimes cannot be set aside?

While you can apply to have some convictions removed from your record, the law excludes some crimes from this process:

  • Traffic offenses, including DUIs
  • Class A or B felonies
  • Sex offenses
  • Child endangerment
  • Abuse of a child or elderly person

If you are unsure whether setting aside is an option for your case, speak to an attorney. With legal help, you can explore your options for post-conviction relief and determine how you can protect your future after you have been arrested or convicted.