A felony has a big impact on a person’s life and if you live in Oregon, you’ve come here trying to find out how to get the felony off your record. Realize that with all felony records, there are three options you can take. 1) Expunge Your Record 2) Seal Your Record 3) Request a Pardon of Your RecordThe problem though is that all states don’t offer all three of these options. But before we get into what Oregon offers, let’s review what each of these options actually mean.
Expungement
If you get your record expunged in Oregon it’s as if your arrest and/or charges never happened. Your record is completely destroyed, including all physical and public records. When asked if have a criminal record, after expungement, you can truthfully answer “no”.
Record Sealing
Sealing your record in Oregon is similar to expungement, but your record still exists in a limited form. The public does not have access to your record, but there are some exceptions. Your records can still be accessed by law enforcement and the courts. Record sealing is not as secure as expungement, but it is a reasonable alternative that is comparatively easier to obtain if your state offers it.
Pardons
If you receive a pardon in Oregon, you still have record of your arrest or charge, but your guilt is exonerated. That is, you have proven that you are rehabilitated and forgiven for your crimes. You can also get relief in terms of having various rights restored, such as your right to vote. The requirements for pardons vary between states, but typically there is a lot of documentation required, and includes lengthy waiting periods to apply and receive a pardon.
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Things to Know Before You Start
First: It’s important to understand that every state is different in terms of what methods are available for felons to remove their record and the information below will help you understand what you can do in Oregon.
Felony Expungement in Oregon
Yes, it is possible to expunge your felony in Oregon but it depends on the felony.
Sealing a Record in Oregon
Yes, it is possible to seal your record in Oregon but it depends on the felony.
Getting a Pardon in Oregon
Yes, it is possible to get a pardon of your record in Oregon but it depends on the felony.
Second: When trying to clear your record, you really have two options. The first is to get a free consultation from a lawyer to see what they think of your case, and the second is to try to do all of the paperwork yourself.
Third: We HIGHLY recommend that you get a free consultation from a lawyer prior to taking any action. We say this because whether you want to expunge, seal, or pardon your record, it’s an extremely complicated process. Failure to follow the process properly can end up with you being denied for the request and having to wait additional time (sometimes several years) before you can file again. In addition, getting an expungement lawyer can increase your odds of succeeding and sometimes it’s more affordable than you think. The first step is to click on the button below to confirm that you’re eligible for the expungement/sealing off your record.
Can You Expunge a Felony in Oregon?
You can find the Oregon statute related to expungement at Oregon Revised Statutes (ORS) 137.225. Oregon regards expungement, expunge, and expunction as processes of filing a motion asking the court to set aside or seal a record of conviction and or arrest. If you are successful, the court will order your records to be sealed.
Do note that that if your conviction involves only one charge you may be eligible to expunge your conviction three years after your sentencing. Do make sure your probation is over. You will have to wait at least ten years after the judgment was entered if you have two or more convictions.
It is also possible to expunge your arrest records in Oregon if your case is no-complaint or not issued, dismissed after being issued, or if you are found not guilty at your trial.
Expungement is not automatic in Oregon. You or your attorney needs to make a formal written motion to expunge the arrest or conviction.
CANNOT EXPUNGE IF…
If you have a Class A and Class B felony. If your conviction involves marijuana or was for a non-person B felony, you may be in luck.There is no expungement for a conviction for a traffic offenseNo expungement for a sex crimeCriminal mistreatment under ORS 163.205 and especially child abuse.
How to Expunge a Felony in Oregon
Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to expunge your record. If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.If you are not eligible for expungement based on our test, then you should stop here.If you are eligible based on our test and want to do this without a lawyer, continue reading.In Oregon, to expunge your record you must not currently be prosecuted for any other crime. Completed all your requirements including probation and fines and fees. Pay an $80 fee in the court where you were convicted. Check with the court where you were convicted to find out the form you need to you. Send a copy of your motion to the prosecuting attorney.
Can You Seal Your Criminal Record in Oregon?
Sealing your records in Oregon is just like expunging them. The legal term in Oregon is called setting aside. Once your record has been set aside, it will no longer be visible to employers, landlords or mortgage brokers. You can say that you were never arrested or convicted of a crime.
It is possible to seal your set aside your record if you were not convicted of a crime. You can also seal your records if your charges were dismissed or you were acquitted. There is no waiting period, but if you have more arrests within a three-year period you cannot set aside your records.
CANNOT SEAL IF…
If you have tried to get your conviction set aside within the last ten years, you cannot try again. If there are current criminal proceedings against you, you cannot seal, expunge or set aside your records. You have not completed you sentence. You have not waited the required amount of time. Under no circumstances are you eligible for setting aside or sealing or expunging your record if you have been charged with Class A felony.
How to Seal Your Criminal Record in Oregon
Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to seal your record. If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you. If you are not eligible to seal your record based on our test, then you should stop here.</li><li>If you are eligible to seal your record based on our test and want to do this without a lawyer, continue reading. When you have determined your sealing eligibility, you file your paperwork with the country courthouse where you committed the crime. File your petition in Portland in Room 106 of the Multnomah County Courthouse 1021 SW 4 th Ave., Portland, OR 97204. Copies must also go to the Office of the District Attorney. Again, you must file at the courthouse where you were convicted. Check out this link and scroll down to Oregon courthouse. You will find the locations in this list.
Can You Apply for a Pardon in Oregon?
The Oregon Constitution provides for the Governor to grant pardons to someone convicted of a crime in Oregon The Governor is the only one who can grant pardons. You can apply to the Governor for a pardon and the process is somewhat simple. Do be aware, however, that the actual granting of a pardon is difficult.
CANNOT PARDON IF…
You have not earned the right for a pardon. You must prove that you are now a productive and law-abiding citizen after your conviction. You cannot be pardoned for a conviction in Oregon from another jurisdiction. This means if you were convicted in another state or at a federal proceeding you cannot be pardoned in Oregon. If you are eligible for an expungement, you cannot apply for a pardon. (Section 137.225 of the Oregon Revised Statutes). If you have committed additional felonies or have multiple felonies on your record. If you have not exhausted all your other remedies.
How to Apply for a Pardon in Oregon
You must apply for a pardon directly to the Governor. There are no application fees and often governors do not have any particular requirements in regard to the forms or format of a pardon application. You can contact the Governor’s office to find a standardized application form if you so desire. Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to request a pardon for your record. In most cases, if you are eligible for expungement on our test, then you’ll be eligible for a pardon. If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because requesting a pardon is mostly paperwork) and see what other helpful information they can give you. If you are not eligible based on our test, then you should stop here. If you are eligible based on our test and want to do this without a lawyer, continue reading.Find your Oregon Rap Sheet from the Oregon State Police, Public Records Unit. Contact the Governor’s Office at 900 Court Street, 160 State Capitol, Salem, OR 97301 503-378-4582 for help with applications and instructions.Include all pertinent information (name, address, an inmate in a correctional facility, etc.). State the crime you committed, county where you were convicted, date of conviction and curt case number. A brief but accurate description of all events surrounding your criminal incident. You must first state of official version and then explain you own version.Include your family situation, your debts, three-character recommendations, and make a statement why you feel you should be pardoned. File your pardon papers to: Governor Kate Brown160 State Capitol 900 Court Street,Salem, Oregon 97301-4047.
So, there you have it. Three separate ways to get rid of your record in Oregon. As we’ve said numerous times throughout this page, this is a really complicated process and we highly recommend that you take this eligibility test prior to taking any action to determine if you are eligible for any of these options.
Please note, the information contained here is not legal advice and is strictly informational and may be outdated. If you have any further questions about the information above, or in general, you need to contact a lawyer directly.
