Expungement

“Expungement” is the legal term for setting aside or sealing a record of an arrest or criminal conviction.  Expungement of your criminal records has many benefits, including the legal right to answer “no” to any questions which ask if you were ever arrested or convicted of a crime.  This is beneficial for job applications, school applications, apartment rental applications, and other situations that question an individual’s criminal record.

Under Oregon law, you are generally eligible for an expungement of your criminal conviction and/or arrest record:

• Any time after three years from the date of the conviction, as long as you have fully performed the sentence of the court;
• Any time after one year from the date of any arrest, if no charging instrument was filed; or
• Any time after an acquittal or a dismissal of the charge.

You are not eligible for an expungement if:

• Your conviction is for a traffic offense;
• Your conviction is for a sex crime or child abuse crime;
• You have been convicted of another crime within the immediately preceding 10-year period of applying for an expungement; or
• There is another criminal charge pending against you in court.

Once a judge enters the expungement order, “the conviction, arrest or other proceeding shall be deemed not to have occurred, and the applicant may answer accordingly any questions relating to its occurrence.”  ORS 137.225(4).

Expungement of your criminal records is an excellent way to close the door to an unfortunate chapter in your life.