Can Negligent Homicide be Expunged in Oregon?
Short answer: No. Not unless the Legislature or the Oregon Criminal Justice Commission changes the law.
Criminally Negligent Homicide (CNHomicide) is a fairly common charge for
Events like this don’t get much more tragic, for the victim, the victim’s family and friends, and also the
Reasonable minds disagree. I’ve worked with clients who made horrendous mistakes when 18 or 19
So no wonder, at one point, the Oregon Legislature actually incentivized judges to grant criminally negligent homicide expungments through ORS 137.225‘s “clear and convincing evidence” mechanism at the very end of the statute. Then, in 2003 the Oregon Legislature made CNHomicide ineligible as a
At any rate, the Oregon Legislature has apparently concluded, “No”. Thus ruled the Oregon Court of Appeals in 2013 in State v. Beck, 254 Or. App. 609, 295 P. 3d 169 (1-16-2013). This is an important case in Oregon expungement law because it settled this very question. Defendants with Criminally Negligent Homicide cannot expunge a pre-2003 conviction, no matter how far back the conviction occurred.
A Caveat – Don’t misunderstand. Even if the crime you were convicted of “increased”, “upped”, or was reclassified to a more serious level since you were convicted, you probably can still expunge your record. So for instance, if you were originally convicted of a
One of this firm’s passions is assisting persons recover from past mistakes and reclaiming their good standing, including expungement, juvenile expungement, restoration of firearm rights, employment and career issues and other adverse affects of a criminal record. Call or write us today regarding your or a loved one’s expungement and for information, assistance, or counsel.
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Defendants with Criminally Negligent Homicide cannot expunge a pre-2003 conviction, no matter how far back the conviction occurred.
More Detailed Discussion for Oregon Expungement Lawyers and Practitioners
The Beck decision suggests a closely related question: “Okay, criminally negligent homicides when classified as a
It seems not. As of the date of this post (6-27-2014), CNHomicide is (unsurprisingly) considered a person felony and ineligible. See OAR 213-003-0001(14). If the Oregon Criminal Justice Commission were to change that classification, then a post-2004 CNHomicide conviction could apparently be eligible for expungement. Such a designation change seems quite out of the question, though, especially in light of the the Oregon Legislature’s clear antipathy to CNHomicide expungements by its changes to ORS 137.225 both in 2003 and 2009. At any rate, we’d have to wait till 2004 + 20 years to find out definitively.