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Expungement, Set Aside a Criminal Record

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 ans 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 overwhelmingly 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 Misdemeanor’s 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 the specific provisions of ORS 137.225 to ensure that the individual is actually eligible.  When it comes to expungments timing is critically important.  If you have only one conviction, then you must wait three (3) years from the date your conviction was entered to be eligible to file a motion to set aside the conviction.  If you have more than one conviction, then you can only file for expungement if you have no convictions within the past ten years.  This timing rule can result in some strange results.  For example, it may be possible to remove a more recent conviction, but be prohibited from removing an older conviction.  Also, timing can result in the ability to remove a more “serious” conviction, but not be eligible to remove a less “serious” conviction.  If you were convicted of a Class B felony, then you must wait twenty (20) years from your release from supervision to file a motion to set aside your conviction.  If you were convicted of any other crime after your Class B felony, then the Class B felony cannot be removed from your record.  However, your other convictions may still be able to be removed.  Therefore, when you have multiple convictions, or Class B felony convictions, it is even more important to hire an attorney to assist you.

When a motion to set aside a conviction is filed, in addition to the motion and affidavit, the individual is required to pay to the court a the standard court filing fee.  The individual is also required to provide a copy of all documents to the district attorney.  The individual must also provide a completed fingerprint card as well as a cashiers check payable to the Oregon State Police.  In cases were multiple motions are filed, each motion requires the payment of the court filing fee.  However, if multiple motions are filed in the same county, then a single fingerprint card and single cashier’s check will be sufficient.

After all documents are filed with the court, the District Attorney is required to obtain a criminal history report including an FBI background check.  This can take some time to be processed (anywhere between 30 and 120 days).  The District Attorney is then required to file a response, either indicating an “objection” or “no objection” to the motion.  If the District Attorney does not object, generally the court will simply grant the motion and the conviction will be set aside.  If the District Attorney does object, 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 proceeding, including assisting in preparing the necessary documents, filing the documents with the court, 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.

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