Expungements - Choose Your Own Adventure

This wikilog article is a draft, it was not published yet.

by: Abassos • October 27, 2011 • no comments

This series of web pages will take you through the entire analysis for expungement eligibility in Oregon. It's the analysis I go through in every one of the thousands of these things I've done. So lets just get started and see if you or your client are eligible:

Step 1. Are there any pending charges in any state? You know, like that criminal mischief from Vegas in '94 that the cops don't even know about when they stop you for some stupid shit. Unfortunately, it counts.

• Yes. There's a pending charge. (unfortunately you're not eligible)
• No. Ain't nothin nowhere. (go to Step 2)

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Expungement Rules (for those who want to skip the adventure)

For convictions:

1. Three year waiting period
2. No other convictions in the last ten years (including non-traffic violations)
3. No A or B felonies (except DCS/PCS marijuana) (and except the new B felony provision )
4. No registerable sex offenses
5. No Endangering the Welfare of a Minor I or Crim Mistreatment I (if child abuse)
6. No Traffic Code offenses
7. No eligibility if there is a pending charge
8. Even if you're otherwise eligible, the judge can reject based on your behavior since conviction

For Arrests and Dismissed Charges:

1. No other arrests in the last three years (unless expunged)
2. No convictions in the last ten years
3. No waiting period if dismissed charge. One year waiting period for uncharged incidents.
4. No DUII diversion dismissals
5. No pending charges

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Unfortunately, You're Not Eligible for Expungement

At least for now, you’re not eligible for expungement.

ORS 137.225(6)(c) is clear that you can’t have any pending charges. In any state. From any time.

ORS 137.225(1)(a) says that there is a 3 year waiting period for expunging convictions.

ORS 137.225(6)(b) says that if you have more than one conviction in the last ten years you’re not eligible for anything until there is only one conviction in the last ten years. At the point where you can say that there is only one conviction in the last ten years, then only that conviction is potentially eligible. The older convictions are not eligible.

ORS 137.225(5) and (6) exclude the following types of convictions from expungement eligibility:

• offenses which arise out of the traffic code
• registerable sex offenses
• A and B felonies (except for possession and delivery of marijuana) (and except for the new B fel law)
• Endangering the Welfare of a Minor I and Criminal Mistreatment I, if they qualify as child abuse.