SETTING ASIDE MARIJUANA CONVICTIONS IN OREGON
You Shouldn't Be Treated Like A Criminal for Something That Isn't Illegal
Nobody wants a criminal record, especially when it’s for an offense that’s no longer illegal. Marijuana convictions can have the same negative effect as other convictions, despite it now being legal for recreational use in Oregon. Conviction records make finding a place to live more difficult, and they may even take away your Second Amendment right to own a gun.
When you’re arrested or convicted in 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.
With the passage of Senate Bill 420, many Oregonians with previously ineligible marijuana convictions may now use ORS 137.226 to set aside their records. While the law is far from perfect, it is a step in the right direction.
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 Marijuana Convicton
Oregon law provides an entirely new way to set aside marijuana-related convictions, and it also modifies the regular set aside rules in ORS 137.225, making them easier to satisfy. First, we will discuss the requirements for the new method of setting aside marijuana convictions, and then we’ll cover how this new law has made it easier to satisfy the existing set-aside provisions also used for non-marijuana related laws.
- The New Method to Set Aside Marijuana Convictionsexpand_more
Oregon law now allows you to set aside and seal many more marijuana convictions. Specifically, ORS 137.226 covers the following types of crimes: Any crime in which (i) possession; (ii) delivery; or (iii) manufacture of marijuana or a marijuana item is an element of the crime. This essentially covers all criminal offenses that have marijuana as an element of the offense, regardless of whether the offense was a Class A Felony or Misdemeanor.
The general requirements to set aside a marijuana conviction under current law (primarily ORS 137.226(1)) are the following:
At least one year has elapsed since the entry of judgement of the conviction.
You were at least 21 years old when convicted.
You have not been convicted of any other offenses excluding minor traffic offenses.
You have satisfied and complied with the sentence of the court.
If you do not qualify to set aside your marijuana conviction under the above set of requirements, you may also use the set aside rules used for other criminal offenses, but with some important changes.
- Using Existing Conviction Set-Aside Law for Marijuana Convictionsexpand_more
Even if you are ineligible to use the New Method of Setting Aside Marijuana Convictions described above, you may still qualify using the set aside rules for all crimes, discussed in detail on our Oregon Conviction Set-Aside page. However, keep in mind that that Oregon’s new marijuana laws alter the way you apply under those existing rules. These new rules do a lot to expand what marijuana crimes you can set aside, and include:
Instead of using the level of offense you were originally convicted of, use the level of offense that the same crime would have after Oregon legalized the recreational use of marijuana (April 21, 2017) and
If the offense is no longer a crime, treat it as a Class C Misdemeanor when applying the standard set aside rules contained in ORS 137.225.
Legal Effects of Setting Aside Your Marijuana Conviction
- How Will Setting Aside My Marijuana Conviction Help Me Get a Job?expand_more
Setting aside an Oregon conviction is the best way to pass a background check and help you obtain a job. If you your motion to set aside a conviction is granted, your conviction will be set aside, and the court will order state and federal criminal justice agencies to remove the conviction from your criminal history. A set aside conviction will not show up in a background check, and you can legally state that you were never convicted of the offense. Your set aside conviction cannot be released or made available to a third party except in a limited cases to certain criminal justice agencies.
- Will Setting Aside My Marijuana Conviction Restore My Second Amendment Rights?expand_more
In most cases, yes. Unless there is another reason your firearm rights have been taken away, setting aside a conviction that restricted your firearm rights will restore them under ORS 137.225(3)5.
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 Set-Aside Your Marijuana Conviction
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 Criminal 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!