What Exactly is Expungement
Who Qualifies For Expungement?
How Much Will It Cost?
Frequently Asked Questions
(coming soon)
WHO QUALIFIES FOR EXPUNGEMENT?

This is not an easy question to answer. First, we need to know what exactly it is that you want sealed from your record.

Here are some general guidelines:

Arrests: if you wish to seal the record of an arrest, the qualifying person will be one who was not charged with the crime they were arrested for, or they were charged and the crime was dismissed or they were acquitted.

If they were charged and the case was dismissed or they were acquitted, there is no waiting period. However, if they were arrested and no charging instrument was filed with the court for one year, then an arrest may be sealed (but you must wait the one year).

In either case, a person seeking to have the record of their arrest sealed cannot have been convicted within the past 10 years of anything more than a traffic infraction. The same person cannot have been arrested for anything else in the 3 years prior to the Motion to Expunge. No criminal charges can be pending when the motion to seal the record is filed.

Caveat: all crimes and violations can be expunged here, except for traffic offenses.

Convictions: if you wish to seal the record of a conviction, the qualifying person will be the one who, after three years from the date of the judgment of conviction, was convicted of any Class C Felony, misdemeanor, or violation. There are exceptions, however. If the crime was

1. a “Sex Crime” as defined in ORS 181.594;
2. a Traffic offense;
3. Child abuse, as defined by ORS 419B.005; or
4. Endangering the Welfare of a Minor, if deemed child abuse (See ORS 419B.005),

then sealing the record is not available to that person.

A person trying to expunge a conviction of a crime cannot have a previous conviction within the past 10 years when the Motion to Seal the Record is filed (and that means that anything Sealed or Set Aside count in this calculation).
No criminal charges can be pending when the Motion is filed.

A person seeking to set aside a crime must have

1. completed the sentence of the court (all community service has been performed, all fines and fees paid, etc.) and
2. fully complied with the sentence of the court (no violations of probation).

The judge hearing the Motion to Seal the Record will consider “circumstances and behavior” during the period from the conviction to the filing of the motion. Thus, if the court determines that your behavior during this time was “contrary to public law”—even if you were not charged or convicted—the Motion can still be denied.