What Is a Class C Misdemeanor in Oregon? Examples, Sentences, and Expungement Rules

Class C misdemeanors are the least serious misdemeanor offenses in Oregon, carrying sentences up to 30 days in jail and fines up to $1,250. These minor crimes—including MIP (Minor in Possession), driving without insurance, and minor disorderly conduct—often result in probation or fines rather than jail time.

Class C misdemeanors represent the least serious category of misdemeanor offenses in Oregon, falling below Class A and Class B misdemeanors in severity. If you're facing Class C misdemeanor charges, understanding the sentencing framework under Oregon Revised Statutes 161.615 and ORS 161.635 is important for making informed decisions about your case.

This comprehensive guide explains Class C misdemeanor sentencing ranges, common examples, expungement eligibility under ORS 137.225, and realistic expectations for penalties and record clearing.

Sentencing Ranges Under ORS 161.615
Examples of Class C Misdemeanors
Expungement Eligibility & Process
Probation & Alternative Sentencing
Using Our Class C Misdemeanor Calculator
Frequently Asked Questions

Sentencing Ranges Under ORS 161.615

Under Oregon Revised Statutes 161.615(3), a person convicted of a Class C misdemeanor faces:

Statutory Maximum Penalties

Maximum jail time: 30 days in jail
Maximum fine: $1,250 under ORS 161.635(1)(c)
Probation: Up to 2 years of probation supervision
Community service: Alternative to jail time, especially for first-time offenders

Important Note: Class C misdemeanors are the least serious misdemeanor offenses in Oregon. Most cases result in probation, community service, or fines rather than jail time, particularly for first-time offenders.

Factors Affecting Sentencing

Aggravating Factors (may increase sentence toward maximum):

Prior criminal history, especially similar offenses
Use of weapons during commission of offense
Victim was especially vulnerable (child, elderly, disabled person)
Significant harm to victim or property
Offense committed while on probation, parole, or pretrial release
Leadership role in criminal activity
Extreme behavior or cruelty
Offense occurred in victim's home or workplace
Victim was law enforcement officer or public official
No remorse or lack of cooperation with authorities

Mitigating Factors (may reduce sentence):

First-time offender with minimal criminal history
Genuine remorse and acceptance of responsibility
Substantial cooperation with law enforcement
Mental health issues with treatment commitment
Victim was not seriously harmed
Extraordinary circumstances reducing culpability
Strong community support and character references

Examples of Class C Misdemeanors

Class C misdemeanors encompass minor criminal offenses in Oregon. Here are the primary categories:

1. Minor in Possession (MIP) of Alcohol

ORS 471.430: Possession of alcoholic beverages by a person under 21 years of age.

Typical sentence: Fines and community service, with possible short jail time for repeat offenses.

Key factors: Age of offender, amount of alcohol, prior MIP history, whether alcohol was consumed.

Note: MIP is a common offense among college students and young adults, often resulting in fines and community service rather than jail time.

2. Driving Without Insurance

ORS 806.010: Operating a motor vehicle without valid liability insurance coverage.

Typical sentence: Fines and license suspension, with possible jail time for repeat offenses.

Key factors: Prior driving without insurance history, whether accident occurred, length of time without insurance.

Note: Most cases result in fines and license suspension rather than jail time, but repeat offenses may result in short jail sentences.

3. Disorderly Conduct (Minor)

ORS 166.025: Engaging in minor disruptive behavior in public that does not rise to the level of Class B disorderly conduct.

Typical sentence: Probation to 30 days in jail, depending on severity and circumstances.

Key factors: Level of disruption, public safety impact, prior disorderly conduct history, whether weapons were involved.

Distinction: Must involve behavior that disturbs the peace but is less severe than Class B disorderly conduct.

4. Criminal Trespass in the Third Degree

ORS 164.245: Entering or remaining unlawfully in or upon premises when the premises are not open to the public.

Typical sentence: Probation to 30 days in jail, plus potential restraining order.

Key factors: Type of premises, relationship to property owner, prior trespass history, whether damage occurred.

Note: Criminal trespass can escalate to burglary (a felony) if the person enters with intent to commit a crime.

5. Criminal Mischief in the Third Degree

ORS 164.354: Intentionally damaging property of another person with a value less than $500.

Typical sentence: Probation to 30 days in jail, plus restitution to victim.

Key factors: Value of damage, type of property damaged, relationship to victim, prior criminal mischief history.

Note: Damage of $500 or more becomes criminal mischief in the second degree, which may be charged as a Class B misdemeanor.

Expungement Eligibility & Process

Class C misdemeanors can be expunged from your criminal record under ORS 137.225, with the same waiting period as Class B misdemeanors.

Expungement Waiting Period

Class C misdemeanors: 1 year from the date of conviction or completion of sentence, whichever is later.

Requirements for eligibility:

No new arrests or convictions during the waiting period
All fines, fees, and restitution must be paid
No pending criminal charges
Must not have been convicted of a felony since the misdemeanor conviction

Expungement Process

File petition: Submit expungement petition to the court where you were convicted
Pay filing fee: Current fee is $281 (subject to change)
Court review: Judge reviews your petition and criminal history
Hearing: May be required if there are questions about eligibility
Order: If granted, court issues expungement order
Record clearing: Criminal justice agencies update their records

Benefits of Expungement

Employment: Can answer "no" to most criminal history questions on job applications
Housing: Landlords cannot consider expunged convictions
Professional licenses: Many licensing boards cannot consider expunged convictions
Background checks: Expunged convictions should not appear on most background checks

Important: Expungement does not restore gun rights or remove the conviction from all databases. Some government agencies may still have access to expunged records.

Probation & Alternative Sentencing

Most Class C misdemeanor cases result in probation with community service or fines rather than jail time, especially for first-time offenders.

Typical Probation Conditions

Standard probation: 6 months to 2 years of supervised probation Community service: 20-100 hours of community service Fines: $250-$1,250, often with payment plans Treatment programs: Counseling, substance abuse treatment, or anger management Restraining orders: If victim requests, especially in trespass cases Regular reporting: Monthly meetings with probation officer

Community Service Options

Non-profit organizations: Working with local charities and community groups Public works: Cleaning parks, maintaining public facilities Educational programs: Teaching or mentoring in community programs Restorative justice: Meeting with victims or community members to make amends

Factors Favoring Probation

First-time offender with minimal criminal history
Genuine remorse and acceptance of responsibility
Strong community support and character references
Employment and family responsibilities
Mental health or substance abuse issues with treatment commitment
Victim was not seriously harmed
Cooperation with law enforcement

When Jail Time Is Likely

Prior criminal history, especially similar offenses
Use of weapons or violence
Vulnerable victims (children, elderly, disabled)
Significant harm to victim or property
Offense committed while on probation or parole
No remorse or lack of cooperation
Leadership role in criminal activity

Using Our Class C Misdemeanor Calculator

Our Class C Misdemeanor Oregon Sentencing Calculator helps estimate potential sentencing outcomes and expungement eligibility.

Calculator Features

Sentencing Estimation:

Enter case factors (first offense, aggravating factors, repeat offense)
Get estimated jail time and fine ranges
Understand how factors affect sentencing

Expungement Calculator:

Enter conviction date or sentence completion date
Calculate exact expungement eligibility date
Check impact of new arrests on eligibility

Legal Resources:

Direct links to relevant Oregon statutes
Citations to ORS 161.615, 161.635, and 137.225
Educational information about sentencing guidelines

How to Use

Select case factors that apply to your situation
Enter dates for expungement calculation
Review results for sentencing estimates and expungement eligibility
Consult attorney for case-specific advice

Remember: The calculator provides educational estimates only. Every case is unique, and actual sentences are determined by the court based on specific circumstances.

Frequently Asked Questions

What is a Class C misdemeanor in Oregon?

A Class C misdemeanor is the least serious type of misdemeanor offense in Oregon, punishable by up to 30 days in jail and fines up to $1,250 under ORS 161.615(3) and ORS 161.635(1)(c). Examples include minor in possession (MIP), driving without insurance, and minor disorderly conduct.

How long is jail time for a Class C misdemeanor in Oregon?

The maximum jail time for a Class C misdemeanor in Oregon is 30 days. However, most Class C misdemeanor cases result in probation, community service, or fines rather than jail time, especially for first-time offenders.

Can you expunge a Class C misdemeanor?

Yes, Class C misdemeanors can be expunged in Oregon after a 1-year waiting period under ORS 137.225, provided there are no new arrests or convictions during that time. This is the same waiting period as Class B misdemeanors but shorter than Class A misdemeanors.

Does Oregon extradite for misdemeanors?

Oregon may extradite for misdemeanors, but it depends on the specific circumstances and the severity of the offense. Class A misdemeanors are more likely to result in extradition than Class B or C misdemeanors. The decision is made on a case-by-case basis.

Is driving without insurance a misdemeanor in Oregon?

Yes, driving without insurance in Oregon is typically charged as a Class C misdemeanor under ORS 806.010. The maximum penalty is 30 days in jail and a fine up to $1,250, though most cases result in fines rather than jail time.

Conclusion

Class C misdemeanors represent the least serious misdemeanor offenses in Oregon that typically result in probation with community service or fines rather than jail time. While the statutory maximum is 30 days in jail and $1,250 in fines, actual sentences usually focus on rehabilitation and community service.

First-time offenders almost always receive probation, community service, or fines instead of jail time. Expungement is possible after just 1 year, making it relatively easy to clear your record compared to more serious offenses.

If you're facing Class C misdemeanor charges, consult with an experienced Oregon criminal defense attorney who can help you understand your options for defense, plea negotiations, and long-term record management.

Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on specific circumstances. Consult with a qualified Oregon criminal defense attorney for advice specific to your situation.