Can I Get My Record Expunged? Part 2
This article is for those considering whether to expunge their criminal record and/or considering hiring an Oregon Expungement attorney to guide them through the Oregon expungement process. The first article (Pt. 1) explained the initial steps in determining whether you’re eligible for this valuable form of relief—expungement.
To recap, there are four steps or phases, broadly speaking, in getting your record expunged in Oregon. They are:
1. Arrest vs. Conviction — Are you seeking to expunge an arrest or conviction, or both?
2. Eligible vs. Ineligible Crime — Is the
3. When or Timing — If it is expungeable, when can I apply for expungement?
4. Success — How likely is it that the judge will grant my particular expungement “petition”?
This article will address the second question, namely: Eligible vs. Ineligible Crime(s): Is the
First of all, Most
In case you haven’t noticed, the Oregon expungement law, ORS 137.225, is a bitch to read and understand thoroughly. There are exceptions upon exceptions and double negatives all over the place. It’s a model of legalese and circumlocution. But, one way to to find out whether your arrest or conviction is expungeable is to list the crimes that are NOT eligible. If your record doesn’t fit into any of these categories, you are eligible—then, the only question is of when (timing), covered by Essent Law’s Oregon Expungement Guide, Part 3.
The following crimes are not generally eligible for expungement in Oregon:
- Mere “Traffic Offense”, convictions including DUIIs convictions and successful DUI diversions.
- See ORS 801.555 for the definition of “traffic offense”.
- But some good news: you can get many
traffic-relatedarrests expunged. Class-Afelonies
- See the particular crime of which you were convicted, which will denote what class of crime—A, B, C—is involved in the Oregon criminal statutes.
Child-abusecrimes, as defined in ORS 419B.005. Elder-abusecrimes, that is, against people that are over 65 years-old.
- Sex crimes, as defined in ORS 181.594. A good practical rule of thumb is that if you have to register, it’s a sex offense, and therefore may not be expungeable.
- There are exceptions, though, in the Oregon expungement statute. Stated very generally and briefly, if you can get relief from registering as a sex offender, you can often expunge those convictions and if you had a sexual relationship with only one person who was a little under 18, you may be able to expunge that, too. See ORS 137.225.
One last thing. What about
Essent Law offers excellent service to those who are considering moving forward with the sensitive, important process of seeking an expungement in the Portland or Willamette Valley areas. Contact us today to tell us about your case and for a consult with Oregon Expungement and civil rights attorney Timothy D. LaBadie.
One of Essent Law’s passions is assisting persons recover from past mistakes and reclaiming their good standing. Call or write us today regarding your or a loved one’s expungement, information, assistance, and counsel. Don’t hesitate. Carpe diem.
Essent Law llc offers offers Oregon expungement attorney services in every Oregon county, including Marion, Deschutes, Multnomah, Washington, Clackamas, Lane, and other counties, including the cities of Portland, Salem, Bend, and Eugene and surrounding areas.
Last updated: 7/4/2015 by Oregon expungement and civil rights attorney Timothy D. LaBadie