Expungement

"Expungement" is the legal term for sealing a criminal record. Legal Services can help you expunge your criminal record if you qualify under Oregon law. Unfortunately, we cannot help those who have arrests or convictions in other states.

Generally, according to Oregon law you are eligible for an expungement of your criminal conviction and/or arrest record:

  • Any time after three years from the date of the conviction, as long as you have complied with and fully performed the sentence of the court. Your conviction must have been a violation, misdemeanor, or Class C felony, or a crime punishable as either a felony or a misdemeanor;
  • Any time after one year from the date of any arrest, if no complaint was filed; or
  • Any time after an acquittal or a dismissal of the charge.
You are not eligible for an expungement if:
  • Your conviction is for a sex crime or child abuse crime;
  • You have been convicted of another crime within the immediately
    preceding 10-year period of applying for an expungement;
  • Your conviction is for a traffic offense; or
  • There is another criminal charge pending against you in
    court.

There are also other restrictions that may apply.

If you qualify for an expungement, Legal Services will prepare papers to file with the court asking for an order sealing your record. In order to begin the process you will need to obtain a fingerprint card with a full set of your fingerprints. You can have the fingerprint card made at the Lane County Sheriff's Office (682-3905). Call them ahead of time to find out the cost and the hours when they are available to do that for you.  If you are sealing a record of conviction, a certified check in the amount of $80, payable to the Department of State Police, must be attached to the fingerprint card.
If this is a Eugene Municipal Court expungement, there is a $20 expungement application fee.  Legal Services charges a $30 document preparation fee. 

The expungement process can take from three months to a year, so plan far enough ahead of time so the process will be complete before graduation and preparation of resumes. The average time is about six months.

Once a judge signs the expungement order, that arrest or conviction "shall be deemed not to have occurred, and the applicant may answer accordingly any questions relating to their occurrance." ORS 137.225(4).

This information is not intended to provide legal advice. Any incidental fee-paying University of Oregon student who has questions about expunging a criminal record may call ASUO Legal Services at 346-4273 to arrange an appointment.

ASUO Legal Services' attorneys are licensed to practice in the State of Oregon. Information disseminated in this website does not constitute legal advice and does not create an attorney/client relationship. This page is for information purposes only. For legal advice, contact an attorney licensed in your state. You should not make legal hiring decisions based upon brochures, advertising or other promotional materials.


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