How to Clear ("Expunge") Your Criminal Record in Oregon
If you've had trouble with the law in the past, you might have a criminal record that follows you. Your record contains information about times you've been arrested (“arrest record”), gone to criminal court, or been convicted of a crime. Your record can make getting a job or finding a place to live tough.
But there's good news! In Oregon, you may be able to clear your criminal record through something called "expungement" or “expunction.”
Understanding expungement in Oregon
Expungement is like erasing your criminal record so that when people look you up, they won't see it. This can be a big help for moving on with your life. Expunging your criminal record means people like employers or landlords can't see your criminal record when you apply for a job or an apartment.
Who can get their criminal record cleared in Oregon?
It's complicated. Oregon allows expungement of most misdemeanors, Class C felonies, and Class B non-person felonies. However, there are many exceptions to these rules. For example, most traffic crimes and sex offenses, regardless of whether they were felonies or misdemeanors, can't be expunged.
Whether you can expunge your record also depends on:
- How long it has been since you were arrested or convicted
- How your case was decided
- Whether you owe court fines and fees in the case
- Your entire criminal history
Because the rules are complicated, it's a good idea to talk to someone who knows a lot about the law if you're thinking about expungement. In Oregon, there are free programs that can help you figure out if you can expunge your record and guide you through the process.
The steps to expunging your record
Here are the steps to get your criminal record expunged in Oregon:
- Check if you're eligible: A lawyer can help you understand if you can expunge your record. Keep reading to see a list of places that can help you expunge your record for free.
- Fill out the forms: A lawyer will help you get the right forms and fill them out correctly.
- Submit your forms: You must give your completed original, signed forms to the court in the county where the crime happened. You also must send or give a copy to the District Attorney in that county. Some programs can help you with this step.
- Background check: You also need to do a background check with the Oregon State Police.
Remember, this is a simplified explanation. The process can get complicated, so it's a good idea to talk to a lawyer.
Where to find expungement forms in Oregon
You can find free expungement court forms on the Oregon Judicial Department website. You can also get expungement paperwork from your local circuit court, but you may have to pay a small fee.
Remember, getting help from a lawyer before you turn in your forms is a good idea. The law is complicated and free legal help is available. You don't have to do this alone!
Free help with expungement in Oregon
There are a variety of legal organizations and clinics in Oregon that offer free help with expungement. Most people with criminal records qualify for free legal help.
Here are some of the larger expungement programs in Oregon:
- Portland Community College Legal Resource Center: A free, in-person, drop-in clinic located in Portland that assists with expungements statewide.
- Metropolitan Public Defender, Community Law Project: Free help for people in Clackamas, Columbia, and Multnomah County.
- Legal Aid Services of Oregon Expungement Clinic: Free virtual and in-person expungement services for low-income individuals in Oregon.
- Clean Slate Clackamas: Monthly free legal clinics available for drop-ins and by appointment.
- Youth Rights and Justice: Free help with expungement for people in Oregon with juvenile records.
There may be other programs in your area as well. You can use the legal directory on this site to search for help with "criminal records" in your area.
After contacting one of these programs, a legal professional will review your case to see if you're eligible for expungement. They can help you with the court paperwork if you qualify. Some programs even submit your paperwork for you.
Conclusion
Clearing your record in Oregon can seem tricky, but it may help you make a fresh start. You also don't have to do this alone. You can get free legal help with this process. Getting help is the best way to ensure you do things right and have the best chance at clearing your record.
Other Frequently Asked Questions
If you're clearing a conviction record, you need to pay $33 to the Oregon State Police for a background check. Other than the $33, getting legal help and filing your paperwork with the court doesn't cost anything.
Contact one of the legal programs listed above for free help with criminal record expungement.
Yes.
After your record is expunged, you'll need to make sure private background-check companies also remove your criminal record from their systems. Although these companies should update their info, sometimes they don't. Luckily, you can get free help to make sure these companies update their records from the Foundation for Continuing Justice (FCJ).
In most cases, once your record is expunged, you can say that you don't have a criminal history on job or housing applications.
There are two big exceptions, however. If you apply for a government job or for immigration benefits, you may have to tell them about your criminal history. If you have questions, talk to a lawyer who helps with criminal records issues.
Unfortunately, expungement doesn't erase all your problems related to your criminal history.
Your criminal history may still show up in some government background checks. This means your criminal history can still hold you back in the following situations:
- Purchasing a firearm
- Applying for a state or federal government job
- Applying to be a foster parent, licensed caregiver, or a caregiver for a person with disabilities
- Immigration cases
If your criminal history does cause problems in these situations, it's not the end of the road. Many places have processes you can go through to explain your situation and why your conviction should no longer be a barrier.