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State Listings > Oregon
Expungements
EXPUNGEMENT OF CRIMINAL ARREST
RECORDS
Contact this attorney
for information regarding the expunction, expungement, or sealing of
your criminal arrest history record for arrests that occurred in Oregon.
Mark C. Cogan, P.C.
Law Offices
Yamhill Plaza Building, Suite 500
815 S.W. Second Avenue
Portland, Oregon 97204
Telephone (503) 827-8092
Fax (503) 223-1516
Website: http://www.coganlawoffice.com/
also here: http://www.expunge.org
Email: mark@coganlawoffice.com
Wouldn't it be a wonderful thing if our law allowed a person to cleanse his
record of an arrest or criminal conviction? Isn't there some basic element of
fairness with allowing an individual who once was in trouble with the law to get
his arrest or conviction erased, enabling the person to get off to a fresh
start?
Oregon law contains a procedure to enable an individual to gain expungement of
an arrest or criminal conviction. This little known law should be used more
widely by persons who are concerned about past blemishes relating to criminal
allegations, whether or not they resulted in a conviction.
Attorneys who practice in the area of criminal law often get calls from
individuals who are interested in expunging records of a past arrest or
conviction. Frequently, employment or housing applications involve security
checks that result in the discovery of a past arrest or criminal conviction
which might serve to prevent the individual from pursuing opportunities for
advancement.
Not all criminal convictions can be expunged. Generally, to be expungeable, a
conviction must be for a class "C" felony, misdemeanor or a violation. Certain
offenses are non-expungeable. These include sex crimes, child abuse, and traffic
offenses.
Arrests that do not lead to a criminal conviction can also be expunged.
Therefore, if a person was arrested and no criminal charges were pursued, or if
the case resulted in an acquittal or dismissal, the record can be expunged.
In certain cases, there are waiting periods. Where a case is dismissed or
results in a verdict of "not guilty", expungement is generally allowed without
delay. In the case of a conviction, a three year waiting period applies.
However, a longer waiting period is imposed when a person has more than one
conviction within the previous ten years. Additionally, a person
seeking expungement cannot have a criminal charge currently pending.
Expungement is not self-executing. In other words, in order to benefit from the
expungement law, an individual must file a proper motion with the court where
the matter arose, and seek an official court order granting expungement.
Fingerprints are necessary, as well as a mandatory fee to the Oregon State
Police in the amount of $80 for each conviction to be expunged.
An individual who has successfully gained expungement of a criminal conviction
is entitled to answer "No" when asked if he has a prior criminal conviction
within the context of an employment application. As a result of a successful
expungement motion, all official records of the arrest or conviction must be
sealed. These include police records, court records, probation or parole
records, and jail or prison records.
This brief article does not set forth all the details of Oregon's expungement
law, but is merely intended to alert the public to the availability of this
remedy. If you may be eligible for expungement of an arrest or criminal
conviction, or if you know of someone else who may be, you should contact an
attorney who handles criminal matters.
Mark C. Cogan has practiced in the field of criminal defense since 1982. Mr.
Cogan has litigated appeals all the way to the United States Supreme Court, and
has successfully defended clients accused of Driving Under the Influence of
Intoxicants (DUII), homicide and other violent crimes such as robbery, arson and
sex offenses, and narcotics offenses including drug possession, manufacture and
delivery. Mr. Cogan also represents clients facing charges involving domestic
violence, theft, and computer crime. Mr. Cogan maintains his primary office in
Portland, and defends clients facing criminal
allegations at the trial court level in the State and Federal systems throughout
Oregon. See our website for additional information.
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