Expungement Attorney
Oregon recently underwent a revamp of its expungement laws! This is a great time to get convictions expunged that were not eligible in the past. Contact our office if would like a free consultation to determine whether you are eligible for an expungement and how many we recommend you file.
Expungements in Oregon are governed by ORS 137.222, 223 and 225. Under current law, most misdemeanor and many felony convictions are now expungable.
- Class A misdemeanors are expungable after 3 years.
- Class B and C misdemeanors are expungable after one year (assuming you are done with probation)
- Contempt of Court convictions for violating a release agreement or violating a restraining or stalking order are now expungable in one year.
- Class C felonies are generally expungable in 5 years.
- Class B felonies are generally expungable after 7 years.
I am Beaverton expungement and criminal law attorney Shelley L. Fuller. I am committed to helping clients clear their criminal history and move forward with a clean slate. I have a strong background in filing the necessary motions to get an arrest record or conviction removed from an individual's criminal history through a process known as expungement, expunction, or setting aside a conviction. I am available to review your criminal history and determine if you qualify for an expungement or record sealing.
It's important to note that when you apply for an expungement, you must have successfully completed your conditions of probation and you must have no new pending cases.
Expungements are accomplished by filing a motion in each county in which you were arrested and/or convicted of a crime and serving a copy of the motion on the District Attorney. For many, this could be mean filing in one county for one case. For others, it could be mean 10-15 separate motions to clean up records of arrest that did not lead to charges, records of arrest and dismissal of cases that did not result in a conviction and convictions. The question we answer at Shelley L. Fuller PC is where those records are located and how many motions need to be filed to erase it all.
Since the new expungements laws went into effect on January 1, 2022, we have filed hundreds of expungements to help people who made mistakes when they were young, had an addiction history that resulted in convictions or have isolated blemishes on their record. This includes filing motions in Municipal courts and Circuit courts across the State.
Here are just some of the changes that have taken effect:
- Class B felonies are now expungable under many circumstances.
- Arrests and dismissals are expungable immediately.
- Criminal cases resulting in an acquittal at trial are now expungable immediately.
- No more filing fees to file each motion.
For those people who have Class C felony convictions, there may be a way to reduce convictions that are not expungable from a felony to a misdemeanor. For example, Criminal Mistreatment I is a class C felony. Under Oregon law, this particular conviction is not expungable. Under ORS 161.705, a motion can be filed to reduce this conviction to a misdemeanor, thereby eliminating a felony conviction on someone’s record and potentially restoring their gun rights to them.
For Class C felonies that are expungable under the law, reduction of these convictions to Class A misdemeanors can speed up the process of becoming eligible for an expungement. Afterall, if a Class C felony is reduced to a Class A misdemeanor, your expungement timeline has been reduced from waiting 5 years to waiting only 3 years. A good attorney will be able to analysis the best results for your situation and get you the best results. That’s what we do at Shelley L. Fuller PC.
ORS 137.222(b) applies specifically to persons who have been convicted of offenses involving marijuana. The statute states:
A marijuana conviction is eligible for reduction under this section if, since entry of judgment of conviction, the marijuana offense has been:
(A) Reduced from a felony to a misdemeanor;
(B) Reduced from a higher level felony to a lower level felony;
(C) Reduced from a higher level misdemeanor to a lower level misdemeanor; or
(D) Reduced from a crime to a violation.
In 2015, Oregon became the 3rd State to legalize possession of small amounts of marijuana for recreational use. Prior to that, people were being prosecuted for possession of weed as a Class B Felony. If you have a conviction for something as simple as PCS marijuna, you are likely eligible to have it reduced or expunged altogether.
A Consultation With A Skilled Oregon Sealing Record Attorney Is Just A Phone Call Away: 503-626-1808
If you are faced with criminal charges, contact my Oregon criminal defense law firm today to learn about your options, protect your rights and gain a better understanding of where you stand from a legal perspective. Offering reasonable rates. Credit cards accepted.
