Oregon's Rules on Criminal Record Sealing and Expungement

Oregon's legal system provides a pathway for individuals looking to seal or expunge their criminal records. Understanding the rules and procedures surrounding this process is essential for those seeking a fresh start. This article outlines the key aspects of criminal record sealing and expungement in Oregon.

What is Record Sealing and Expungement?

In Oregon, "sealing" a criminal record refers to the legal process that restricts access to the record, making it unavailable to the public. Conversely, "expungement" involves the complete removal of certain criminal records from public view. While sealing is the more common term used, many Oregonians seek to have their records cleared entirely.

Eligibility for Sealing and Expungement

Not all criminal records can be sealed or expunged in Oregon. The eligibility criteria depend on several factors:

Type of Offense: Certain crimes, especially violent felonies or sexual offenses, are ineligible for sealing or expungement.
Timeframe: Generally, individuals must wait a specified period after completing their sentence, including probation or parole. For misdemeanors, this is typically three years; for Class C felonies, it is seven years; and for Class B felonies, it can be ten years.
No New Criminal Convictions: Applicants should have no new criminal convictions during the waiting period.

Steps to Seal or Expunge a Criminal Record

The process of sealing or expunging a criminal record in Oregon involves several steps:

Gather Documents: Collect all relevant documents related to the criminal case, including court records and sentencing information.
Complete the Application: Fill out the appropriate application forms for sealing or expungement. These forms vary depending on the type of offense.
File with the Court: Submit the application to the court where the original case was handled. This includes paying any filing fees.
Notify Relevant Parties: In many cases, you are required to notify the District Attorney’s office and law enforcement agencies about your application.
Court Hearing: If the court determines a hearing is necessary, you must attend where you can present your case for sealing or expungement.
Await Decision: After the hearing, the judge will make a decision. If granted, the record will be sealed or expunged, depending on your request.

Impact of Sealing and Expungement

Successfully sealing or expunging a criminal record can have significant positive effects on an individual's life, including increased employment opportunities, housing options, and peace of mind. Employers are generally required to ignore sealed records, providing a chance for individuals to move past their criminal history.

Legal Assistance

Given the complexities of Oregon's laws regarding criminal record sealing and expungement, seeking legal assistance can be beneficial. Attorneys specializing in criminal law can provide valuable guidance, ensuring that all forms are properly completed and submitted, and that applicants meet eligibility requirements.

Conclusion

Oregon's rules governing criminal record sealing and expungement are structured to aid individuals in achieving a second chance. By understanding the eligibility criteria and following the outlined steps, those with a criminal history can navigate the process more effectively and secure a brighter future.