Expungement is a process within the Oregon legal system (ORS 137.225) which allows certain crimes to be completely cleared from your record. The purpose of the expungement process is to enable people who have committed minor crimes to seek and obtain employment or housing without having to explain or display a criminal record. It is in your best interest to consult with an Oregon criminal defense attorney about seeking an expungement at the earliest possible opportunity, as they will be able to assist you in clearing your name and putting the unfortunate incident completely behind you. The expungement process generally takes about 2-3 months from filing until your record is cleared.
In order to qualify for expungement, the criminal conviction must be a violation, misdemeanor, or class C felony. Certain offenses, such as sex crimes, cannot be expunged. You must not have any other convictions on your record in the last ten years, you must not be currently facing any other criminal charges, and you must have fulfilled the complete requirements of the sentence handed down by the court. In addition, you must wait at least three years after the date of the judgment to apply for an expungement, unless you are expunging a case which resulted in a not guilty verdict or one which was dismissed or acquitted.
COMMONLY EXPUNGED CONVICTIONS
Frequently expunged misdemeanors and violations include traffic tickets, shoplifting, second degree theft, fourth degree assault, second degree forgery, disorderly conduct, unlawful possession of a firearm, minor in possession of alcohol, possession of less than an ounce of marijuana, criminal trespassing, and reckless endangerment.
Class C felonies which are frequently expunged include public indecency, unauthorized use of a vehicle, failure to appear, possession of a controlled substance, delivery of marijuana, unlawful use of a weapon, first degree forgery, first degree theft, third degree assault, first degree criminal mistreatment, fraudulent use of a credit card, and tampering with drug records.
Traffic crime convictions for charges such as reckless driving and hit and run are NOT expungeable in Oregon.
If you think you may be eligible for expungement call MJM Law Office, P.C. to speak with an experienced criminal defense lawyer in Eugene, Oregon.
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