Do you have questions about expunging your record in Oregon? We are here to help! Below you will find answers to the most commonly asked questions regarding record expungement. We offer even an Oregon record expungement service for when you are ready to put your past behind you. Not sure if you are eligible for expungement? Take our free online test to quickly and easily find out!
Simply click on a question to see its answer:
No, both are considered a conviction.
For a small fee we can do all of the research necessary into your case(s) and determine if you are eligible for an expungement in Oregon. If you decide to move forward with the expungement at the conclusion of the case research, we apply that amount paid for case research to the cost of the expungement.
We charge per case (regardless of the number of counts in each case) because a separate petition must be filed for each case number; however we do offer discounts if you sign up for more than one case.
Also, if you are convicted of an additional offense after the offense you are trying to seal, then you must wait the required waiting period assigned to your level of offense again before filing for expungement. ORS 137.225.
Certain offenses are eligible to be reduced, please take our free eligibility test to see if your case is eligible for a reduction. We typically only recommend reduction of offenses if you are ineligible for expungement.
If your case is denied, the denial is usually for one of the following reasons: (1) inaccuracy in the court records and/or the petition, (2) the court does not believe the set aside will be in the interest of society, (3) you violated the terms of your probation, or (4) you have not fully paid your fines.
We do not handle federal expungement cases. For federal expungements, often you have to show that the conviction was wrongful or unconstitutional. You could also apply for a Presidential pardon.
No, we will send a licensed attorney to court for you, and you should not need to attend any hearings. But if the judge does specifically request you appear, we will do all we can to get your appearance excused if you are unable to go.
The average Oregon expungement takes about four to six months, depending on the court.
However, each case is different. Factors affecting the length of the process include: the circumstances surrounding your case, whether the District Attorney consents to the expungement or objects, and the amount of time that has passed since the incident.
No, we cannot expedite the process with the court once it is filed. We will do everything in our power to get the petition filed as quickly as possible. Also, if it will help, we will provide you with a letter stating that we are in the process of having your case expunged/set aside that you can provide to your employer or potential employer.
You will receive a court order sealing your arrest or conviction. The court then sends a copy of the order to the agencies so that they comply and seal any records. ORS 137.225(4).
In the unlikely case that your expungement is denied, we will evaluate why the judge denied it and determine what is the best way to proceed. This could include refiling the petition with additional information or waiting to refile until more time has passed, depending on the judge's reason for the decision.
No, you do not have to disclose the case and can answer any inquiry or in an application for employment as though the arrest and conviction did not occur. ORS 137.225(3).
A prosecutor can petition the court to reopen and disclose the records for the purpose of an investigation or reinstate criminal proceedings. ORS 137.225(11).
After your case is expunged, you can truthfully say you were not convicted to any question for employment and the arrest and conviction are treated as though they never occurred. ORS 137.225(3).
We use the terms set-aside and Oregon conviction expungement interchangeably.
No and unfortunately if you are required to register as a sex offender you are not eligible to expunge your case. If you were convicted of a sex crime but have since had your duty to register relieved, take our eligibility test to see if your case may be eligible to be expunged.
A set aside does not affect your DMV records, and convictions for traffic offenses are not eligible for a set aside.
We use the terms set-aside and expunging Oregon records interchangeably.
Expunging your Oregon case should definitely help you be able to enter Canada. The United States government shares information with Canada, and they will have access to whatever information the United States has on file. And while they may still be able to see the case, it is best to clear your record as much as possible prior to trying to enter Canada. You should also bring a copy of your granted order with you in case you run into any problems at the border.
You do not lose your right to vote unless you are currently in prison or on parole for a felony.
Yes, expungement of your Oregon conviction will restore your firearm rights in relation to the case expunged. (ORS 166.270(4)(b) & 166.470(1)) You will need to have your firearm rights restored expunged for each prohibiting conviction on your record. If you are an Oregon resident with multiple prohibiting offenses, you can apply for Oregon judicial firearm restoration to cover all your cases.
For those with multiple cases or convictions, in Oregon or outside of Oregon, we offer a Firearm Rights Analysis to determine the best method to restore your 2nd amendment rights.
After an arrest or conviction is set aside it is deemed to have not occurred and the records are sealed. ORS 137.225(3).
We use the terms set aside and expungement interchangeably.
The court records will usually be updated within 48 hours, and the agencies typically update their records within 30 days.