Oregon’s Rules for Criminal Record Sealing

In Oregon, the process of sealing criminal records is designed to help individuals move forward in their lives without the burden of past criminal history affecting their opportunities. Understanding the state's rules for criminal record sealing is crucial for anyone looking to understand their rights and options.

Oregon law allows individuals to seal certain criminal records, making them unavailable to the public. This applies to both misdemeanor and felony convictions, but there are specific eligibility criteria and processes to follow.

Eligibility Criteria

To be eligible for sealing your criminal record in Oregon, you must meet the following conditions:

Timeframe: Generally, you must have completed your sentence (including probation and parole) and a specific waiting period must have passed. For felony convictions, this waiting period is typically 3 years; for misdemeanors, it is usually 1 year.
No Pending Charges: You cannot have any pending criminal charges at the time of your application.
No Additional Convictions: You should not have any new criminal convictions during the waiting period.

Types of Records That Can Be Sealed

In Oregon, various types of records can be sealed, including:

Misdemeanor Convictions: Most misdemeanor records can be sealed after the required waiting period.
Felony Convictions: Certain felonies may also be sealed, depending on their nature and the completion of the waiting period.
Diversions and Acquittals: Records related to cases that resulted in a diversion agreement or were acquitted may be sealed more easily.

The Sealing Process

The process for sealing criminal records in Oregon involves several steps:

Gather Documentation: Collect all relevant documents related to your conviction, including court records and proof of sentence completion.
Application Form: Fill out the appropriate application form for sealing records, which can be obtained from your local courthouse or online.
Submit Your Application: File your application with the court where you were convicted. There may be a filing fee associated with this process.
Court Review: The court will review your application and may schedule a hearing. If the judge finds you eligible, they will issue an order to seal your records.

Effects of Sealing Your Record

Once your criminal record is sealed, the information is no longer accessible to the public, and you can legally state that you have not been convicted of a crime when applying for jobs or housing. However, it's important to note that certain agencies, such as law enforcement and background check services, may still have access to sealed records.

Limitations and Exceptions

Not all criminal records can be sealed in Oregon. For example, certain serious crimes, including violent felonies and sexual offenses, generally cannot be sealed. Additionally, if you have multiple convictions, this may complicate your eligibility.

Legal Assistance

If you are considering sealing your criminal record, it may be beneficial to consult with a legal professional who specializes in expungement cases. They can help navigate the complexities of the law, ensure that your application is correctly filled out, and improve your chances of success.

Sealing your criminal record can significantly impact your life by providing you with greater opportunities for employment, housing, and more. Understanding Oregon’s rules for criminal record sealing is the first step towards a fresh start.