Expungement Services by Gunn & Gunn
A motion to set aside a conviction or expungement, also called expunction, is a legal proceeding for sealing a record of a criminal arrest and conviction. When successful, all official records of the arrest and conviction are sealed as if the arrest or conviction never occurred. The court file, including all documents, will be permanently sealed. The arrest record will be removed from official records, and all incident reports will be sealed and will no longer be publicly accessible. This means that the arrest and conviction will no longer appear in background checks, and you can truthfully answer that you have never been arrested for or convicted of a crime. Though the process to remove arrests and convictions from your record takes time and can be a bit overwhelming on your own, with the assistance of an experienced attorney, the process is very manageable.
At Gunn & Gunn law firm will help you through this important legal process. We have helped individuals file as few as one (1) motion and as many as forty-five (45) motions to set aside conviction and arrests. In other words, regardless of how short or how long your past history, we can help! Let our attorneys help you clean up your record and get a fresh start. Stop worrying about a previous arrest or conviction. Don’t let a previous mistake hold you back from your next home, career or personal relationship. Eliminate the record that holds you back and Reclaim your rights. Oregon criminal record expungement can give you a fresh start.
Am I eligible for expungement in the state of Oregon?
Are you eligible for expungement in the state of Oregon? There are many types of crimes that you can have removed from your record, but not every type of arrest and conviction is eligible for expungement. Gunn & Gunn Law firm can help you find out what can be removed and free you from your past mistake.
Most Class C Felonies and misdemeanors are eligible to be set aside. Some Class B Felonies can also be set aside, but only in very particular circumstances. There are some types of crimes which cannot (under any circumstance) be set aside. Crimes that are not eligible include: any traffic crime, any Class A Felony, any Person Class B Felony, any sex crime (felony or misdemeanor), and crimes involving child abuse. With these exceptions, almost every other crime in Oregon can be removed from your record. This includes any marijuana convictions which may have previously been Class A or B felonies.
If you want to know if your particular circumstance would allow for an expungement, give us a call, and we will be happy to assist you in making the right choice for you individually.
Rules for Expungement.
As mentioned above, certain convictions are simply not eligible to be set aside. Presuming that a particular conviction is for a crime that is eligible to be set aside, we must look then look to the specific provisions of ORS 137.225 to ensure that the individual is eligible. When it comes to expungements, timing is critically important. To expunge a criminal conviction, the person must first complete the terms of their sentence. This will include the terms of probation and payment of restitution owed to any victims. After completing the terms of the sentence, the waiting period depends on the seriousness of the person’s conviction.
For any eligible Class B Felony, the person must wait 7 years from their conviction date or their release from custody date, whichever occurred later;
For any eligible Class C Felony, the person must wait 5 years from their conviction date or their release from custody date, whichever occurred later;
For any eligible Class A Misdemeanor, the person must wait 3 years from their conviction date or their release from custody date, whichever occurred later;
For any eligible Class B or C Misdemeanor, or any eligible Violation, the person must wait 1 year from their conviction date or their release from custody, whichever occurred later;
When any motion to set aside is filed, the person must submit a fingerprint card and an information form to the Oregon State Police. If the person files any motion which sets aside a criminal conviction, the person must include a check for $33.00 with that packet.
After all documents are filed with the court, the District Attorney has 120 days to respond to the Motion to Set Aside. During that period, the Oregon State Police will send an updated background check to the district attorney, who will review it to determine whether they will object to the motion. In our experience, Marion County, Lane County, Lincoln County, Deschutes County, and Clackamas County typically respond at or immediately after the 120-day mark. Polk County, Yamhill County, Linn County, Tillamook County, and Benton County typically respond before the 120-day mark. Washington County typically responds within one or two months after the 120-day mark, and Multnomah County typically does not respond for over one year after the motion to set aside is filed.
When the District Attorney responds to the Motion, they will do one of three options. (1) They object and state the reason why the person is not eligible for a set aside; (2) They enter an objection to allow the victim to make a statement at a hearing before the set aside is granted, or (3) they do not object. If option three is filed, the court will sign the order to set aside the conviction without a hearing.
If the District Attorney selects option one or two, then the court will hold a hearing to consider the motion and make a final decision. We assist our clients through all stages of the proceedings, including assisting in preparing the necessary documents, filing the documents with the court, submitting the correct documents to the Oregon State Police, communicating with the district attorney, and appearing in court at any required hearings.
What About Arrests or Cases that Were Dismissed?
It is important to understand that the court file and your criminal history report are two separate “records” and are maintained by separate government agencies. Even though there is no conviction by a court, or prosecutor didn’t file charges, you may still have an arrest record. Anytime you are taken into custody by a police officer and your fingerprints are taken, you will have an arrest record. This “arrest record” alone can make it difficult to obtain employment, housing, or just make it uncomfortable to be forced to explain a past mistake you thought you were over. Therefore, it is always beneficial to remove the arrest as well as seal the court file even when you “win.”
If you are found “not guilty” of a crime by a judge or a jury, or if the prosecutor dismisses the charges, you may still have an arrest record. If you were arrested for a crime and you were found “not guilty” or the charges were “dismissed,” then you are immediately eligible to have the arrest removed from your record and the court file sealed. This does not apply if your case was dismissed due to the completion of a DUII diversion program. Though there are some limitations on this option (such as other arrests within the past year), in almost all cases where charges are filed and later dismissed, you can clear your record. In these cases, there is no court filing fee and no fee to the Oregon State Police.
If you were arrested and the case was “no-actioned” or charges were never filed, you can file a motion to seal the arrest record after one (1) year. This applies to almost all criminal arrests. This rule also applies to “non-criminal” arrests such as probation violations and arrests for contempt of court, violation of restraining orders, and similar “civil” arrests.
Contact Gunn & Gunn today at (503) 362-GUNN for a FREE consultation regarding your arrest record.
What Can I Do Right Now to Get This Started?
If you would like some initial information right now, call our office and ask to speak to one of our attorneys about an expungement. You can call us at 503-362-GUNN (4866). We can access Oregon convictions in the Circuit Courts through the court’s online case management and docket system and can give you some initial guidance in the process.
In every case we ask our client’s to obtain a complete fingerprint verified criminal history report from the Oregon State Police. This will apply whether you have a single conviction or 45+ convictions. Information on how to obtain your criminal history can be found on the Oregon State Police Criminal Justice Information Services (CJIS) website. You may access the information here: OSP Criminal History Your criminal history report, along with the fingerprint card will be sent to you within a few days. Once you have those documents in your hand, call our office to schedule an appointment.