Expungement

Most misdemeanor convictions including simple assault, theft, drug offenses, and nonviolent crimes qualify for expungement. Many felony convictions are eligible including nonviolent felonies, drug offenses, property crimes, and criminal charges resolved with a guilty plea. Some criminal offenses cannot be expunged including violent crimes (Class B only), sexual assault, crimes against children, and more serious crimes involving state prison sentences over certain lengths. Traffic crimes are also excluded from eligibility. Non convictions like arrests without charges and dismissed cases have different eligibility rules with shorter waiting periods. An expungement attorney reviews your specific circumstances to determine eligibility.

Not when you have an experienced expungement lawyer preparing your case. Oregon courts grant expungement petitions when you meet the following criteria: completed your sentence including probation and fines, waited the required period, have no recent convictions, and demonstrate the expungement serves your rehabilitation without compromising public safety. The prosecutor’s office sometimes objects to expunging felony convictions or domestic violence cases. A skilled expungement attorney addresses objections, presents rehabilitation evidence, and argues persuasively at the court hearing.

Violent crimes including murder, rape, and sexual assault cannot be expunged. Crimes against children are permanently ineligible. Class A felonies no not qualify. Recent convictions within the waiting period don’t qualify yet. Multiple felony convictions may face restrictions. Federal convictions follow federal law, not Oregon expungement laws. Traffic offenses like DUI have separate record sealing processes. Certain professional licenses require disclosure even of expunged records. Your expungement attorney reviews your criminal conviction and criminal offense details to determine if you’re eligible for expungement.

For most misdemeanors, the waiting period is three years from completing your sentence including probation. For Class B felonies, it’s seven years after completing sentencing. For Class C Felonies, it is 5 years waiting. Class A Misdemeanors are 3 years. Class B or C Misdemeanors or violations and dismissed charges, waiting period is one year. Time in county jail, state prison, or on probation counts toward completion, not eligibility. The waiting period doesn’t start until you’ve successfully completed all terms including restitution and fines. A recent conviction or new criminal charges restarts the clock. An expungement lawyer calculates your exact eligibility date based on your criminal history.

Yes, but with limitations. You can expunge multiple convictions that meet eligibility rules, but the waiting period applies for each conviction. For felony convictions, Oregon law generally allows one expungement, though specific circumstances may allow more. You cannot expunge convictions if you have recent convictions within the waiting period. As your expungement attorney I review your entire criminal record including county jail time, state prison sentences, and cases across jurisdictions to determine what can be expunged.

Understand why the denial occurred. Common reasons include incomplete waiting periods, missing criminal records in your petition, objections from the prosecutor’s office you didn’t address, or criminal offense types that don’t qualify. You can refile after correcting the problem. An expungement attorney can appeal the denial in some cases or wait and refile when you meet eligibility requirements. Even a denial doesn’t prevent future attempts. Criminal defense attorneys experienced in expungement know how to overcome obstacles and present stronger petitions after understanding judicial concerns.

Expunged criminal records don’t appear in standard background checks conducted by employers and background check companies. You can legally deny the criminal conviction in job applications. This dramatically improves employment opportunities in competitive fields. However, certain government agencies conducting security clearances may still access expunged records. Some professional licenses require disclosure of all convictions including expunged ones. Federal positions may require disclosure under federal law. 

Yes. Many professional licenses in healthcare, education, real estate, and skilled trades require clean background checks. Criminal records block these opportunities even years after a past conviction. Expunging your criminal conviction removes this barrier for most licensing boards. Some boards still review expunged convictions for violent crimes, sexual assault, or offenses related to the profession. State laws vary on how licensing agencies can consider expunged records. Record clearing significantly improves your chances of obtaining and maintaining professional licenses. Legal assistance from an expungement attorney strengthens applications to licensing boards.

You can file on your own, but hiring an expungement lawyer significantly increases success rates. The legal process involves complex paperwork, strict filing requirements, serving notice to multiple law enforcement agencies, calculating eligibility under Oregon expungement laws, and presenting persuasive arguments at court hearings. Mistakes cause delays or denials. The prosecutor’s office often objects to felony expungements requiring experienced legal representation. An experienced attorney knows what judges want to see, how to handle objections, and how to maximize your chances of successful expungement. Given what’s at stake—your employment opportunities, housing, and future—legal help is worth the investment.