SETTING ASIDE ARREST RECORDS IN OREGON
Don't Let Past Mistakes Hurt Your Fututre
Nobody wants a criminal record, especially if the record is for a case that resulted in a non-conviction. A criminal record can limit your job opportunities and make finding a place to live more difficult. More than anything, criminal records are embarrassing and often unfair. If you weren’t convicted of something, it shouldn’t show up on a background check or an Internet search.
When you’re arrested Oregon, a criminal record is created with the arresting agency, the Oregon State Police Criminal Justice Information Service, the Oregon Department of Justice, the FBI Criminal Justice Information Services Division, and a number of other criminal justice agencies. To make matters worse, the Oregon Judicial Department makes these records searchable online via its Oregon Judicial Case Information Network. This is significant as, when you get a criminal record in Oregon, a lot of people have access to it.
Thankfully, Oregon law permits the setting aside and sealing of both misdemeanor and felony convictions. If your set-aside is granted, you will be treated as if you were never found guilty, and the court shall issue an order sealing all the records relating to the set-aside case. If you’re setting aside a felony, setting aside your record will typically also restore your firearm rights.
Our law firm has helped thousands of clients get rid of their criminal records, and we hear success stories from them often. If a criminal record is currently holding you back, keep reading to see if we can help.
This Information Is For You
Since the majority of people reading this aren’t lawyers, we’ve tried to simplify the legal jargon on our website, so regular people may follow along and get the information needed to understand their rights. However, before we get started, we should be clear that some of this information can get complicated, and, in many cases, it’s best to seek the assistance of an experienced lawyer.
To help you understand your rights, our lawyers have developed a tool that can be helpful in figuring out your options. This tool can’t be perfectly accurate in every situation, but our lawyers have invested substantial time and resources working to make it as accurate as possible.
You can get started by using our Secure Eligibility Test, or you can give us a call at (844) 947-3732 to see if our legal staff is available for a free consultation. Be aware that our staff is often busy with current clients and a high volume of calls and appointments. If you’re serious about getting rid of your record, your best bet is to take our Secure Eligibility Test and then schedule an appointment to discuss your results and options.
Can You Set-Aside Your Arrest Record?
Oregon law allows for the setting aside of most criminal records where there wasn’t a finding of guilt. When we’re discussing this part of the law, we’re talking about when the end result of your case is not a conviction, including these types of situations:
You were acquitted or found not guilty at trial
Your conviction was overturned on appeal
Your charges were dismissed
Your charges were dismissed after successful completion of conditional discharge or
You were arrested, but never even charged.
- General Requirements to Set Aside and Seal Oregon Arrest Recordsexpand_more
Under Oregon law (primarily ORS 137.225(1)(b)), the general requirements to set aside a criminal record that did not result in a conviction include:
You cannot have any pending criminal charges or criminal proceedings
You must wait the required amount of time since the criminal proceeding and
You may not have been arrested, cited, charged, or convicted of a criminal offense in the past three (3) years.
- 1. Prohibited Offensesexpand_more
There are many offenses that do not qualify for setting aside their record under current Oregon law, which include the following:
You cannot set aside Traffic Offenses or Driving Under the Influence of Intoxicants
You may not set aside convictions for any of the Person Felonies listed below
Your conviction cannot have required you register as a sex offender, or be any of the Prohibited Sex Offenses listed below
Your conviction cannot be for Negligent Homicide (ORS 163.145) or Assault in the 3rd Degree (ORS 163.165) and
You cannot set aside convictions for Criminal Mistreatment in the 1st or 2nd Degree (ORS 163.200 or 163.205) or Endangering the Welfare of a Minor (ORS 163.575) when the victim is over 65 or the abuse constitutes Child Abuse under ORS 419B.005.
Oregon law currently does not permit you to set aside a “Person Felony,” as it is defined by Oregon Criminal Justice Commission 213-003-0001. These offenses include:
Burglary I as defined in Crime Categories 8 and 9
Robbery I, II, or III
Assault I, II, or III
Felony Domestic Assault
Supplying Contraband as defined in Crime Categories 6 and 7
Aggravated Murder, Murder, or Felony Murder
Manslaughter I or II
Criminal Mistreatment I
Female Genital Mutilation
Assaulting a Public Safety Officer
Use of Stun Gun, Tear Gas, Mace I
Kidnapping I or II
Trafficking in Persons
Coercion as defined in Crime Category 7
Rape I, II, or III
Sodomy I, II, or III
Sexual Penetration I or II
Sexual Abuse I or II
Felony Public Indecency
Unlawful Contact with a Child
Custodial Sexual Misconduct in the First Degree
Buying/Selling Custody of a Minor
Child Neglect I
Child in Display of Sexual Conduct
Encouraging Child Sex Abuse I or II
Possession of Material Depicting Sexually Explicit Conduct of Child I or II
Stalking or Violation of Court's Stalking Order
Theft by Extortion as defined in Crime Category 7
Tree Spiking (Injury)
Abuse of Corpse I
Use of a Weapon
Inmate in Possession of Weapon
Felony Possession of a Hoax Destructive Device
Unlawful Possession of Soft Body Armor as defined in Crime Category 6
Felony Animal Abuse I
Aggravated Animal Abuse I
Causing Another to Ingest a Controlled Substance as defined in Crime Categories 8 and 9
Unlawful Administration of a Controlled Substance as defined in Crime Categories 5, 8, 9
Maintaining Dangerous Dog
Hit and Run Vehicle (Injury)
Felony Driving Under the Influence of Intoxicants
Hit and Run Boat
Purchase or Sale of a Body Part for Transplantation or Therapy
Alteration of a Document of Gift
Subjecting Another Person to Involuntary Servitude I, II
Aggravated Vehicular Homicide
Luring a Minor; Online Sexual Corruption of a Child I and II
Aggravated Driving While Suspended or Revoked
Manufacturing or Delivering a Schedule IV Controlled Substance Thereby Causing Death to a Person
Purchasing Sex with a Minor and
Attempts or solicitations to commit any Class A or Class B person felonies as defined herein.
Prohibited Sex Crimes
Additionally, Oregon law currently does not permit the setting aside of any of the Prohibited Sex Crimes below:
Rape in any degree
Sodomy in any degree
Unlawful sexual penetration in any degree
Sexual abuse in any degree
Incest with a child victim
Using a child in a display of sexually explicit conduct
Encouraging child sexual abuse in any degree
Transporting child pornography into the state
Paying for viewing a child’s sexually explicit conduct
Kidnapping in the first degree if the victim was under 18 years of age
Contributing to the sexual delinquency of a minor
Sexual misconduct if the offender is at least 18 years of age
Possession of materials depicting sexually explicit conduct of a child in the first degree
Kidnapping in the second degree if the victim was under 18 years of age, except by a parent or by a person found to be within the jurisdiction of the juvenile court
Online sexual corruption of a child in any degree if the offender reasonably believed the child to be more than five years younger than the offender and
Sexual assault of an animal
- You Were Found Not Guilty or Your Charges Were Dismissedexpand_more
When you were found not guilty, acquitted, your conviction was overturned, or your charges were dismissed, you may typically apply to have your criminal record set aside and sealed immediately. One exception is that you cannot set aside and seal a record where you were charged with driving under the influence, completed a diversion program, and then had your charges dismissed.
- When No Charges Were Filed After Your Arrestexpand_more
If you were never charged with a crime after being arrested, you can typically seal your record after waiting at least one year since being arrested. If you have been hiding, left the state, or have improperly avoided being charged, the time spent will not count toward the one-year waiting period.
Legal Effects of Setting Aside Your Arrest Record
- How Will Setting Aside My Arrest Record Help Me Get a Job?expand_more
Arrests are not typically as much of a barrier to employment as a conviction, but it’s preferable when prior arrests do not show up during a background check, particularly if the offenses are severe. Oregon’s “Ban the Box” law, codified by ORS 659A.360, makes it unlawful for an employer to inquire into an applicant’s criminal record history before an interview, excluding employers that are required by law to consider an applicant’s criminal history.
- Will Setting Aside and Sealing My Arrest Record Restore My Second Amendment Rights?expand_more
Sealing arrest records in Oregon should have no effect on restoring your Second Amendment rights, as being arrested without conviction should not limit them in the first place.
Not everybody with an Oregon record can restore their constitutional right to own or possess firearms, but Oregon’s laws are favorable when compared to other states. It should be noted that you can almost never restore firearm rights based on federal convictions, and it can be very difficult if your Second Amendment rights were taken away due to a domestic violence conviction. For more information about federal firearm rights and domestic violence charges, the Department of Justice has resources you can find over domestic violence convictions.
We will go into more detail regarding restoring Second Amendment rights in Oregon on our Oregon Firearm Rights Restoration page, but restoration typically involves both state and federal law that should be handled by an experienced lawyer. The lawyers in our firm regularly handle complex firearm rights restoration issues, so a good first step in exploring whether you can restore your firearm rights would be to take our Secure Eligibility Test. Then, if appropriate, set up a time to speak with our legal staff about how to proceed.
What You Need to Do to Get Rid of Your Arrest Record
If you are tired of having a criminal record hold you back, reach out to us by taking our Secure Eligibility Test or by giving us a call at (844) 947-3732. Our law firm has helped thousands of people with criminal records move on in life, leaving many of the negative effects of a criminal record behind. Our experienced attorneys and legal staff are here to help you figure out what criminal record clearing services best fit your needs, and then help you accomplish your goals. Using our secure, confidential Eligibility Test is the best way to get the process started.Some of the Potential Benefits of Setting Aside Your Arrest Record in Oregon Include:
Removing a finding of guilt and closing the case on your criminal record to help you get a better job
Restoring your Second Amendment Rights to own a firearm
Becoming eligible for professional licenses you previously did not qualify for
Increased eligibility for student loans, housing assistance, and government programs
Improving your ability to obtain higher-paying job opportunities
Improving access and admission to college and other educational resources
We Are Here to Help
Each of Oregon's methods for dealing with your criminal record have different requirements and are meant for different circumstances. To move forward, it’s important to determine what Oregon criminal record services are available to you, and then select the services that will provide the greatest benefit. Eastman Meyler, PC is here to help you navigate this very specific area of Oregon criminal law, fight to protect your rights, and assist you in moving forward in life without the effects of a Oregon criminal record.
You can trust that you will get exceptional service from our law firm, as we have an A Rating from the Better Business Bureau, and prestigious attorney rating services such as Thompson Reuters and Avvo list our attorneys as Super Lawyers and Superb Attorneys. Our law firm has attorneys licensed to practice law in all Oregon state courts, provides low price guarantees, and is here to fight for you and put your criminal record behind you!