Expungements in Oregon
Our firm has been handling criminal defense matters since the inception of our firm. We certainly understand that convictions, and even arrests that do not result in a conviction, can negatively impact a person’s life. Innumerable people have lost job opportunities, lost housing opportunities, even lost scholarships due to such blemishes in a person’s history. Setting aside (the Oregon process most people call ‘expungement’) exists to allow people to restore their criminal history to a better time.
Most misdemeanors and lesser felonies (class ‘C’ felonies) can be ‘set aside’ after three years from the date of conviction (there can be circumstances that extend this to ten years). Also, convictions for various marijunana possession, distribution, and delivery crimes can sometimes also be set aside after only one year from the date of conviction. Generally, arrests that did not result in prosecution (meaning no charge was filed in court by the prosecutor) can be set aside after one year. If an arrest did result in a prosecution, but you were found not guilty, or the case was dismissed, there is usually no wait required to have that record set aside. Even, some class ‘B’ felonies can also be set aside; but, class ‘B’ felonies must wait twenty years from the date of conviction.
Cases that cannot be set aside include DUII convictions and DUII diversions, other traffic violations and crimes, Ballot Measure 11 convictions, most sex crimes, and crimes involving child abuse.
If you are considering an expungement, we can help. You can schedule an appointment to talk with one of our attorneys by calling our office at (503) 693-7505. However, we can also do a free preliminary review of your circumstances to determine if we think you qualify for an expungement using the form below. The preliminary review is completely free and you would not be under any obligation to hire us to handle your expungement.
If you fill out the form below, we will first perform a ‘conflict check.’ A ‘conflict check’ is a review to make sure that we do not represent anyone who is, our could be, opposed to you and to make sure that representing you would not be against the interests of one of our clients. An example of a conflict would be that we cannot represent a husband obtaining an expungement if we already represent his wife in their divorce. If we cannot represent you, we will respond by letting you know that we simply can’t represent you. Assuming we do not have a conflict, one of our attorneys will do a preliminary review of your circumstances. Remember, this is free.
We will respond within three business days (Monday through Friday, excluding holidays). The preliminary review will be a check of your records in the State of Oregon to see if you qualify. We will then email you to let you know our results. If you prefer us to call, just include a phone number in the ‘message’ box and ask us to call with the information. If it looks good for an expungement, it will be up to you to decide if you wish to hire us. If you hire us, our fee is $1,400 per case. That fee includes all expenses (filing fees, fee to the state police for their background check) except that you will also need to have your fingerprints taken (this can be done at many police stations and other places and usually for $20-$35). Once you hire us, we will need to do a more thorough review with you as well as prepare an affidavit for you to sign (and some other documents). If after our more through review, we discover that you actually do not qualify for an expungement, we will refund to you the total fee. If you are not near our office, we can send the documents to you anywhere for your signature (so, you don’t even need to be in Oregon).
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