Many convictions are eligible for expunction under Oregon law, in which case such a conviction is removed from your criminal record, thanks to Oregon Revised Statutes Section 137.225. You must wait at least three years since you finished any sentence handed down by the court, and your crime must be a misdemeanor or Class C felony. Class A and Class B felonies are not eligible to be expunged from your criminal record in Oregon. You are also ineligible for expunction if your conviction had to do with sex or child abuse, if you have had multiple criminal convictions in the past 10 years or if you have other criminal charges currently pending. According to the University of Oregon’s legal services department, getting your criminal record expunged can take up to a year.
Have your fingerprints taken. This can be done for a nominal fee by any Oregon police agency, and you will be given an official fingerprint card that is signed by wherever you get your fingerprints taken. Be sure the fingerprint card notes that these prints are being taken for the purpose of an expunction application.
Fill out the three necessary forms (see Resources). The first form is a Motion to Set Aside Conviction and Seal Records of Arrest. The one-page form only requires your name, signature, date of birth and mailing address. The second form is an Affidavit in Support of Motion to Set Aside Conviction and Seal Records of Arrest. This two-page document requires you to detail your past conviction and makes you vow that you meet the requirements for expunction, and it must be signed in front of a notary. The third form is an Order to Set Aside Conviction and Seal Records of Arrest. This form is filled out in advance so that if your application is approved by the courts, the order for expunction just has to be completed and signed by the judge.
File your paperwork. Mail or take in person your three forms and fingerprint card to your county’s circuit court. You will also have to pay $330 in fees to submit the application.
Attend the hearing if there is one. After your application for expunction is submitted, a copy is sent to the district attorney who handled your initial conviction, and the prosecutor is given the opportunity to object to your expunction application. If there is an objection, a court hearing will be sent for you and the prosecutor to argue your sides in front of a judge, who will then decide whether to expunge the conviction.
Wait for the records to be expunged. After the judge signs the expunction order, it will be entered into the record by the court clerk. The court records will be sealed and removed from public access, and all state law enforcement agencies will be sent a copy of the expunction order.
- prison 2 image by Nathalie P from Fotolia.com