Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.
If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.
The following information regarding clearing your record is brought to you by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.
If you have been arrested or convicted of a crime, you may possibly have the arrest or conviction cleared from your record. If, as a juvenile, you were found to be under the jurisdiction of the Juvenile Court, you may be able to have that contact cleared from your record. This process is known as "setting aside" your arrest or conviction or "expungement." If you qualify and complete this process, you may then treat the arrest, conviction or juvenile court contact as if it never happened. For example, assuming you have set aside a conviction for a crime, you may state on any job application that you have never been arrested or convicted of that crime.
This process does not apply to state or municipal traffic offenses. Sex offenses, most child abuse crimes and attempts to commit such offenses may not be set aside. DUII convictions may not be set aside. Offenses where the juvenile was remanded to adult court under Senate Bill 1 may not be set aside.
Another case in which records may not be set aside is if the juvenile court found a juvenile to be within its jurisdiction because the juvenile committed an act which if done by an adult, would constitute aggravated murder, attempted murder , solicitation or conspiracy to commit murder or aggravated murder, manslaughter, criminally negligent homicide, sex offenses, child abuse crimes and most attempts to commit such offenses.
The following are guidelines to determine if you qualify to set aside an arrest or conviction:
If you were arrested but not charged with a crime by a formal court document, the record of the arrest may be set aside after a one-year waiting period. If the arrest did result in charges being brought against you, and you were acquitted or the case was dismissed, you may apply to set aside the record of the proceedings immediately after the dismissal or acquittal. Under either case, you must meet the following qualifications:
- You have not been arrested for any other non-traffic charge within three years of the date you file to set aside your arrest;
- You have not been convicted of a non-traffic offense within the last ten years;
- You have not had a conviction set aside in the last ten years; and
- You are not currently under a charge of committing any non-traffic crime.
If you were convicted of a violation, a misdemeanor, a Class C felony, or a felony that may be treated as a misdemeanor, you may, after a period of three years from the conviction, apply to set aside the record of the proceedings. You must meet these conditions before applying to set aside the conviction:
- You must have completed all of the requirements imposed upon you by the court and completed your term of probation;
- The waiting period is ten years if you had been convicted of any other offense except a motor vehicle violation within the ten year period immediately before the filing of your motion;
- You must not be currently charged with a crime; and.
- You cannot have had a conviction set aside in the last ten years.
Except for possession of marijuana and the crime of racketeering, generally Class A and Class B felony convictions may not be set aside.
When moving to have an adult conviction set aside, you must pay an $80 fee. This pays for the state police fingerprint check.
If you want to expunge a juvenile record, you must wait at least a five years after the termination of your most recent contact with the juvenile court and meet the following qualifications:
- Since the last termination, you have not been convicted of a felony or Class A misdemeanor;
- You do not have any criminal court or juvenile court law violation proceeding pending;
- There are no allegations that 1. You are beyond the control of your parents, guardian or other person having control of you; 2. Your behavior endangers your welfare or the welfare of others; 3. Your conditions or circumstances endangers your welfare or the welfare of others; or 4. You have run away from home.
- The juvenile department is not aware of any pending investigation of you by a law enforcement agency.
When you turn 18, the juvenile court must order expunction of your record if you were never found within the jurisdiction of the court or you meet the conditions described above. In most counties, this is not automatic. A motion must still be filed.
Not withstanding the waiting period and requirements for the expunction of juvenile records, a juvenile court may order the expunction if it finds that doing so would be in the best interest of you and the public.
These rules apply to non-traffic state laws and the local ordinances. You must apply to the court in which the arrest, conviction or juvenile proceeding occurred. Some courts have forms and guidelines on how to complete this process yourself, but be very careful if you choose to do this. Make certain the record is set aside by all agencies that have noted it. If you have any question about such procedures, seek an attorney's assistance.
This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.