How to Expunge a Misdemeanor in Oregon (Step-by-Step Guide)

Expunging a misdemeanor conviction in Oregon can clear your criminal record and improve your employment, housing, and professional opportunities. Under ORS 137.225, misdemeanors can be expunged after 1-3 years, but the process requires careful attention to eligibility requirements and court procedures.

Expungement is the legal process of clearing your criminal record, making it as if the conviction never occurred. In Oregon, misdemeanor expungement is governed by Oregon Revised Statutes 137.225, which provides specific eligibility requirements and procedures for record clearing.

This comprehensive guide explains the step-by-step process for expunging misdemeanor convictions in Oregon, including eligibility requirements, waiting periods, filing procedures, and what to expect after expungement.

Eligibility Requirements for Misdemeanor Expungement
Waiting Periods by Misdemeanor Class
Step-by-Step Expungement Process
Required Documents and Information
Filing Fees and Costs
What Happens After Expungement
Common Mistakes to Avoid
Frequently Asked Questions

Eligibility Requirements for Misdemeanor Expungement

Basic Eligibility Requirements

To be eligible for misdemeanor expungement in Oregon, you must meet all of the following criteria:

Waiting Period Completed:

Class A misdemeanors: 3 years from conviction or sentence completion
Class B misdemeanors: 1 year from conviction or sentence completion
Class C misdemeanors: 1 year from conviction or sentence completion

No New Criminal Activity:

No new arrests or convictions during the waiting period
No pending criminal charges
No probation or parole violations

Financial Obligations Met:

All fines and fees paid in full
All restitution paid to victims
No outstanding court costs

No Disqualifying Factors:

Not convicted of a felony since the misdemeanor
Not currently on probation or parole
Not a sex offense (some exceptions apply)

Automatic Disqualifications

Certain misdemeanors cannot be expunged in Oregon:

Sex Offenses: Most sex-related misdemeanors cannot be expunged Domestic Violence: Some domestic violence misdemeanors have restrictions Traffic Violations: Most traffic violations are not eligible for expungement Municipal Violations: City ordinance violations are not eligible

Waiting Periods by Misdemeanor Class

Class A Misdemeanors (3-Year Waiting Period)

Examples: DUII, assault in the fourth degree, theft in the third degree Waiting Period: 3 years from conviction or sentence completion Expungement Success Rate: 80-90% for eligible cases

Class B Misdemeanors (1-Year Waiting Period)

Examples: Harassment, disorderly conduct, criminal trespass Waiting Period: 1 year from conviction or sentence completion Expungement Success Rate: 85-95% for eligible cases

Class C Misdemeanors (1-Year Waiting Period)

Examples: Minor in possession, driving without insurance, minor disorderly conduct Waiting Period: 1 year from conviction or sentence completion Expungement Success Rate: 90-95% for eligible cases

Calculating Your Waiting Period

Start Date: The later of:

Date of conviction
Date of sentence completion (including probation)

End Date: 1 or 3 years after the start date Example: If convicted on January 1, 2020, and completed probation on June 1, 2021, your waiting period starts on June 1, 2021.

Step-by-Step Expungement Process

Step 1: Verify Eligibility

Check Your Criminal History:

Obtain a copy of your criminal record from the Oregon State Police
Verify the exact date of conviction and sentence completion
Confirm no new arrests or convictions during the waiting period

Calculate Waiting Period:

Determine which misdemeanor class applies to your conviction
Calculate the exact date when you become eligible
Ensure all financial obligations are paid

Step 2: Gather Required Documents

Court Records:

Copy of the original judgment and sentence
Proof of sentence completion (if applicable)
Receipts for all fines and fees paid

Financial Documentation:

Proof of payment for all fines and fees
Proof of restitution payments (if applicable)
Court cost receipts

Personal Information:

Current address and contact information
Social Security number
Date of birth
Full legal name (including any name changes)

Step 3: Complete the Expungement Petition

Download the Form:

Obtain the official expungement petition form from the Oregon Judicial Department
Fill out all required information completely and accurately
Sign the petition in the presence of a notary public

Required Information:

Your personal information
Case number and court where convicted
Date of conviction and sentence completion
Statement of eligibility
Request for expungement

Step 4: File the Petition

Choose the Correct Court:

File in the same court where you were convicted
Pay the required filing fee ($281 as of 2024)
Submit the petition and all supporting documents

Filing Requirements:

Original petition and one copy
Filing fee payment
Proof of service (if required)
Any additional documentation requested by the court

Step 5: Court Review Process

Initial Review:

Court clerk reviews petition for completeness
Judge reviews eligibility requirements
May request additional documentation

Possible Outcomes:

Approved: Court grants expungement order
Denied: Court denies expungement with reasons
Hearing Required: Court schedules hearing for complex cases

Step 6: Court Hearing (If Required)

When Hearings Are Required:

Complex eligibility questions
Disputed facts about waiting period
Victim objections
Prosecution objections

Hearing Process:

Present evidence of eligibility
Answer questions from the judge
Address any objections
Receive the court's decision

Step 7: Receive Expungement Order

If Approved:

Court issues formal expungement order
Order is sent to relevant agencies
Criminal record is updated
You receive a copy of the order

If Denied:

Court provides written reasons for denial
You may appeal the decision
You may reapply after addressing issues

Required Documents and Information

Essential Documents

Court Records:

Original judgment and sentence
Proof of sentence completion
Case number and court information

Financial Records:

Receipts for all fines and fees paid
Proof of restitution payments
Court cost documentation

Personal Records:

Current identification
Proof of address
Social Security number
Any name change documentation

Supporting Documentation

Character References:

Letters from employers
Community service records
Educational achievements
Volunteer work documentation

Employment Records:

Current job information
Employment history
Professional references
Income documentation

Filing Fees and Costs

Standard Fees

Filing Fee: $281 (as of 2024, subject to change) Notary Fees: $10-20 per document Copy Fees: $0.50 per page Certified Mail: $5-10 for service

Additional Costs

Attorney Fees (if hiring an attorney):

Simple cases: $500-1,000
Complex cases: $1,000-3,000
Contested hearings: $2,000-5,000

Background Check Fees:

Oregon State Police: $10-20
FBI background check: $18
Local background checks: $5-15

Fee Waivers

Eligibility for Fee Waivers:

Income below 125% of federal poverty level
Receiving public assistance
Unemployed and seeking employment
Other financial hardship circumstances

How to Apply:

Complete fee waiver application
Provide income documentation
Submit with expungement petition
Court reviews and decides

What Happens After Expungement

Immediate Effects

Criminal Record Updated:

Conviction is sealed from public view
Background checks should not show the conviction
Court records are updated
Law enforcement databases are updated

Legal Rights Restored:

Can answer "no" to most criminal history questions
Employment opportunities improved
Housing applications less restricted
Professional licensing opportunities restored

Long-term Benefits

Employment:

Can truthfully answer "no" to most criminal history questions
Background checks should not show the conviction
Professional licenses may be available
Government jobs may be accessible

Housing:

Landlords cannot consider expunged convictions
Public housing applications less restricted
Rental applications more likely to be approved
Housing discrimination reduced

Professional Opportunities:

Many professional licenses available
Educational opportunities improved
Volunteer opportunities available
Community involvement possible

Limitations

What Expungement Does NOT Do:

Restore gun rights (federal law restrictions)
Remove conviction from all databases
Guarantee employment or housing
Prevent all background check issues

Ongoing Obligations:

Must continue to report truthfully to certain agencies
Some government jobs may still be restricted
Professional licensing may still have restrictions
Immigration consequences may still apply

Common Mistakes to Avoid

Timing Mistakes

Filing Too Early:

Don't file before the waiting period is complete
Calculate the exact eligibility date
Wait for all financial obligations to be paid

Filing Too Late:

Don't wait too long after becoming eligible
Keep track of your eligibility date
File as soon as you become eligible

Documentation Mistakes

Incomplete Information:

Fill out all required fields completely
Provide all necessary documentation
Include current contact information

Inaccurate Information:

Double-check all dates and information
Verify case numbers and court information
Ensure all financial obligations are documented

Process Mistakes

Wrong Court:

File in the same court where convicted
Don't file in the wrong jurisdiction
Check court requirements before filing

Missing Deadlines:

Respond to court requests promptly
Attend all scheduled hearings
Meet all court deadlines

Frequently Asked Questions

How long does the expungement process take in Oregon?

The expungement process typically takes 2-6 months from filing to completion. Simple cases may be resolved in 2-3 months, while complex cases or those requiring hearings may take 4-6 months.

Can I expunge multiple misdemeanors at once?

Yes, you can expunge multiple misdemeanors in a single petition if they all meet the eligibility requirements. However, each conviction must have its own waiting period completed.

What if I have new arrests during the waiting period?

New arrests or convictions during the waiting period will disqualify you from expungement. You must wait for the new waiting period to begin after the most recent conviction.

Can I expunge a misdemeanor if I have a felony conviction?

Generally, no. Having a felony conviction usually disqualifies you from expunging misdemeanors. However, there may be exceptions for certain circumstances.

Do I need an attorney to expunge a misdemeanor?

No, you can represent yourself in the expungement process. However, an attorney can help ensure the process goes smoothly and may be beneficial for complex cases.

Conclusion

Expunging a misdemeanor conviction in Oregon can significantly improve your employment, housing, and professional opportunities. While the process requires careful attention to eligibility requirements and court procedures, it's often worth the effort for the long-term benefits.

If you're considering expungement, start by verifying your eligibility and gathering the necessary documentation. Consider consulting with an experienced Oregon attorney who can help guide you through the process and ensure the best possible outcome.

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 attorney for advice specific to your situation.

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