Misdemeanor vs Felony in Oregon – Sentencing & Expungement Explained

Understanding the difference between misdemeanors and felonies in Oregon is crucial for anyone facing criminal charges. While misdemeanors carry lighter penalties and shorter expungement waiting periods, felonies can result in lengthy prison sentences and permanent criminal records that are difficult to clear.

The distinction between misdemeanors and felonies in Oregon determines not only the potential penalties you face but also your long-term options for record clearing and employment opportunities. If you're facing criminal charges, understanding these classifications under Oregon Revised Statutes 161.615 and ORS 161.625 is essential for making informed decisions about your case.

This comprehensive guide explains the key differences between misdemeanors and felonies in Oregon, including sentencing ranges, expungement eligibility, and long-term consequences.

Table of Contents

1. Key Differences Between Misdemeanors and Felonies
2. Misdemeanor Classifications in Oregon
3. Felony Classifications in Oregon
4. Sentencing Ranges Comparison
5. Expungement Eligibility Differences
6. Long-term Consequences
7. Using Our Sentencing Calculators
8. Frequently Asked Questions

Key Differences Between Misdemeanors and Felonies

Misdemeanors in Oregon

Definition: Less serious criminal offenses punishable by up to 364 days in jail Jail time: Maximum 364 days (Class A), 180 days (Class B), 30 days (Class C) Fines: Up to $6,250 (Class A), $2,500 (Class B), $1,250 (Class C) Expungement: 1-3 years waiting period under ORS 137.225 Probation: Up to 5 years (Class A), 3 years (Class B), 2 years (Class C)

Felonies in Oregon

Definition: Serious criminal offenses punishable by more than 364 days in prison Prison time: 1 year to life in prison, depending on felony class Fines: Up to $375,000 (Class A), $250,000 (Class B), $125,000 (Class C) Expungement: 3-7 years waiting period, with more restrictions Probation: Up to 5 years, but often includes prison time

Key Distinctions

Misdemeanor Classifications in Oregon

Oregon classifies misdemeanors into three categories based on severity:

Class A Misdemeanors (Most Serious)

Maximum Penalties:

• Jail time: 364 days
• Fine: $6,250
• Probation: Up to 5 years

Common Examples:

• DUII (first offense)
• Assault in the fourth degree
• Theft in the third degree
• Criminal mischief in the first degree

Expungement: 3 years waiting period

Class B Misdemeanors (Moderate)

Maximum Penalties:

• Jail time: 180 days (6 months)
• Fine: $2,500
• Probation: Up to 3 years

Common Examples:

• Harassment
• Disorderly conduct
• Criminal trespass in the second degree
• Criminal mischief in the second degree

Expungement: 1 year waiting period

Class C Misdemeanors (Least Serious)

Maximum Penalties:

• Jail time: 30 days
• Fine: $1,250
• Probation: Up to 2 years

Common Examples:

• Minor in possession (MIP)
• Driving without insurance
• Minor disorderly conduct
• Criminal trespass in the third degree

Expungement: 1 year waiting period

Felony Classifications in Oregon

Oregon classifies felonies into three categories based on severity:

Class A Felonies (Most Serious)

Maximum Penalties:

• Prison time: 20 years
• Fine: $375,000
• Probation: Up to 5 years

Common Examples:

• Murder
• Rape in the first degree
• Robbery in the first degree
• Burglary in the first degree

Expungement: 7 years waiting period (if eligible)

Class B Felonies (Moderate)

Maximum Penalties:

• Prison time: 10 years
• Fine: $250,000
• Probation: Up to 5 years

Common Examples:

• Manslaughter in the first degree
• Rape in the second degree
• Robbery in the second degree
• Burglary in the second degree

Expungement: 5 years waiting period (if eligible)

Class C Felonies (Least Serious)

Maximum Penalties:

• Prison time: 5 years
• Fine: $125,000
• Probation: Up to 5 years

Common Examples:

• Manslaughter in the second degree
• Theft in the first degree
• Criminal mischief in the first degree (if value exceeds $1,000)

Expungement: 3 years waiting period (if eligible)

Sentencing Ranges Comparison

Misdemeanor Sentencing

Typical Outcomes:

• First-time offenders: Probation, community service, or fines
• Repeat offenders: Short jail sentences (30-180 days)
• Aggravated cases: Maximum sentences (30-364 days)

Factors Affecting Sentencing:

• Criminal history
• Victim impact
• Cooperation with authorities
• Mental health issues
• Substance abuse problems

Felony Sentencing

Typical Outcomes:

• First-time offenders: 1-5 years in prison
• Repeat offenders: 5-20 years in prison
• Aggravated cases: Maximum sentences (5-20 years)

Factors Affecting Sentencing:

• Criminal history
• Victim impact
• Use of weapons
• Leadership role in crime
• Cooperation with authorities
• Mental health issues

Expungement Eligibility Differences

Misdemeanor Expungement

Waiting Periods:

• Class A misdemeanors: 3 years
• Class B misdemeanors: 1 year
• Class C misdemeanors: 1 year

Requirements:

• No new arrests or convictions
• All fines and fees paid
• No pending charges
• No felony convictions since misdemeanor

Success Rate: High (80-90% for eligible cases)

Felony Expungement

Waiting Periods:

• Class A felonies: 7 years
• Class B felonies: 5 years
• Class C felonies: 3 years

Requirements:

• No new arrests or convictions
• All fines and fees paid
• No pending charges
• No other felony convictions
• Must not be a violent felony
• Must not be a sex offense

Success Rate: Moderate (50-70% for eligible cases)

Long-term Consequences

Employment Impact

Misdemeanors:

• May affect certain jobs (security, healthcare, education)
• Many employers will consider hiring
• Professional licenses may be restricted
• Background checks will show conviction

Felonies:

• Severely limits employment opportunities
• Most professional licenses prohibited
• Government jobs usually unavailable
• Background checks will show conviction

Housing Impact

Misdemeanors:

• Landlords may consider conviction
• Public housing may be restricted
• Some rental applications may be denied

Felonies:

• Most landlords will not rent
• Public housing usually prohibited
• Rental applications often denied
• May affect family members' housing

Professional Licenses

Misdemeanors:

• Some licenses may be restricted
• Many licenses still available
• May require additional documentation

Felonies:

• Most professional licenses prohibited
• Healthcare licenses usually unavailable
• Teaching licenses usually unavailable
• Financial services licenses usually unavailable

Using Our Sentencing Calculators

Our Oregon sentencing calculators help you understand potential outcomes for both misdemeanors and felonies:

Misdemeanor Calculators

• Class A Misdemeanor Calculator: 364-day maximum, $6,250 fines, 3-year expungement
• Class B Misdemeanor Calculator: 180-day maximum, $2,500 fines, 1-year expungement
• Class C Misdemeanor Calculator: 30-day maximum, $1,250 fines, 1-year expungement

Felony Calculators

• Class A Felony Calculator: 20-year maximum, $375,000 fines, 7-year expungement
• Class B Felony Calculator: 10-year maximum, $250,000 fines, 5-year expungement
• Class C Felony Calculator: 5-year maximum, $125,000 fines, 3-year expungement

How to Use

1. Select the appropriate calculator based on your charge
2. Enter case factors that apply to your situation
3. Review sentencing estimates and expungement eligibility
4. Consult with an attorney for case-specific advice

Frequently Asked Questions

What's the difference between a misdemeanor and a felony in Oregon?

Misdemeanors are less serious offenses punishable by up to 364 days in jail, while felonies are serious offenses punishable by more than 364 days in prison. Misdemeanors have shorter expungement waiting periods and less severe long-term consequences.

Can a misdemeanor be upgraded to a felony?

Yes, certain misdemeanors can be upgraded to felonies based on aggravating factors such as prior convictions, use of weapons, victim vulnerability, or significant harm caused. This is common with theft, assault, and drug offenses.

How long do misdemeanors stay on your record in Oregon?

Misdemeanors remain on your criminal record indefinitely unless expunged. Class A misdemeanors can be expunged after 3 years, while Class B and C misdemeanors can be expunged after 1 year, provided there are no new arrests or convictions.

Can felonies be expunged in Oregon?

Yes, some felonies can be expunged in Oregon after 3-7 years, but violent felonies and sex offenses are generally not eligible for expungement. The process is more complex than misdemeanor expungement.

Do misdemeanors affect employment in Oregon?

Misdemeanors may affect certain types of employment, particularly in security, healthcare, and education fields. However, many employers will still consider hiring someone with a misdemeanor conviction, especially if it's been expunged.

Conclusion

Understanding the difference between misdemeanors and felonies in Oregon is crucial for anyone facing criminal charges. While misdemeanors carry lighter penalties and shorter expungement waiting periods, both can have significant long-term consequences for employment, housing, and professional opportunities.

If you're facing criminal charges, consult with an experienced Oregon criminal defense attorney who can help you understand the potential consequences and explore 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.