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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 (682-3906). 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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