Expungement Qualifications

Expungement: What Is It and Do I Qualify?

“Expungement” (also referred to as “expunction”) is the legal term for sealing a person’s criminal record history and removing it from the public record. Attorney J. Clay McCaslin can help you expunge your criminal record if you qualify under Oregon law. Generally, you are eligible for an expungement of your criminal conviction and arrest record if:

  • At least three years have passed from the date of the conviction
  • You have complied with and fully performed all requirements of your sentence, including payment of all fines and restitution ordered by the court
  • You have no pending criminal charges against you
  • You have no other convictions (other than minor traffic convictions) in the past 10 years
  • You were convicted of a Class C felony or a misdemeanor
  • Your conviction does not involve a state or municipal traffic offense
  • Your conviction does not involve a sex crime or crime involving child abuse

If you were arrested but never convicted of any crime, you may be eligible for an expungement of your arrest record. You may qualify for an expungement of your arrest record if:

  • You do not have any other arrests on your record within the past three years
  • You satisfy all of the requirements above for expungement of a criminal conviction
  • Any of the following apply:
    1. No charges were filed against you at any time within one year following the date of your arrest
    2. The charges against you were dismissed or you were acquitted at trial (found “not guilty”)
    3. The arrest did not involve an alleged sex crime or crime involving child abuse

You are not eligible for an expungement of a conviction under Oregon law if any of the following apply:

  • Your conviction is for a sex crime or child abuse crime
  • You have been convicted of any other crime within the last 10 years
  • There is another criminal charge pending against you in court
  • Your conviction for DUII was dismissed based on your participation in a DUII diversion program
  • You were convicted of a Class A or B felony

Criminal convictions can have serious implications for your future.  If you would like to discuss your expungement options or have questions about your criminal record, contact an experienced our aggressive criminal defense attorney to schedule a consultation.