A criminal conviction or arrest record can make it hard for you to get job, rent a home or move on with your life. Thankfully, in certain situations, you can remove the conviction from your record through the expungement process.
Expungement in Oregon
Oregon calls expungement “setting aside the conviction.” ORS 137.225 contains the requirements for expungement in Oregon. Contact us, your Oregon expungement attorneys to get started on the process. I’ll guide you through the process and help you get your life back on the right track.
To get an Oregon expungement you have to meet strict criteria:
In Oregon, three years after the date of conviction, you can expunge:
- a class C felony;
- possession of marijuana punishable as a felony;
- a crime punishable as a felony or a misdemeanor;
- a misdemeanor; or
- a violation.
Class B felonies can generally be expunged twenty after the date of conviction or release from custody, whichever is later.
In Oregon you can not expunge:
- a sex crime;
- criminal mistreatment in the first degree or endangering the welfare of a minor when it constituted child abuse;
- a state or municipal traffic offense; or
- an offense if you have any other conviction (except for traffic offenses) in the 10-year period before filing the motion to expunge.
Expunging Oregon Arrest Records
You can remove arrests from your Oregon record if:
one year has passed since the date of arrest if no charges were filed; or
any time after an acquittal or dismissal (unless through a DUII diversion program).
The expungement process in Oregon is fairly simple. You must file:
- An application with the court that entered the conviction (or would have had jurisdiction for arrests);
- a copy of the motion plus a full set of fingerprints with the prosecuting attorney;
- $80.00 to Department of State Police; $240.00 to the court.
The Court will hold a hearing, may take evidence and hear from any victims. If the Court feels your behavior since conviction warrants the expungement, it will enter the order and the conviction will have never occurred.
Expungement in Washington
The process in Washington differs depending on whether you want to expunge a Washington misdemeanor or expunge a Washington felony. The requirements for expunging a misdemeanor are laid out in RCW 9.96.060. The rules for felonies are in RCW 9.94A.640.
Expunging Washington Misdemeanors
For misdemeanors you must have completed all the terms of your sentence. You can not have any pending charges against you.
You can not expunge a Washington misdemeanor if:
- it has been less than three years since you completed the terms of your sentence;
- you’ve ever had another record of conviction vacated;
- it was a violent offense or an attempt to commit a violent offense;
- it was a conviction for DUI/Physical Control or Operating a Railroad under the Influence;
- it was a conviction or attempt to commit a crime of obscenity or pornography, sexual exploitation of children or a sex offense;
- it was a crime of domestic violence if:
- it has been less than five years since you completed the terms of your sentence;
- you didn’t provide proof of your application to vacate to the prosecutor or court;
- you have a previous conviction for domestic violence;
- you signed an affidavit stating you have no prior convictions of domestic violence but a criminal history check reveals such a conviction; or
- you’ve been restrained within the last 5 years by a domestic violence protection order, a no-contact order, an antiharassment order or a civil restraining order that prevents one party from contacting the other.
The court has the discretion to vacate the conviction if you meet all those conditions. The court will either allow you to withdraw your guilty plea or set aside a guilty verdict and dismiss the case. After vacation, it’s as if the conviction never happened. Contact me, your Washington expungement lawyer to get started.
Expunging Washington Felonies
For felonies you must have completed all the terms of your sentence. You can not have any pending charges against you.
You can not expunge a Washington felony if:
- it was a violent offense (as defined in RCW 9.94A.030(55))
- it was a crime against persons (as defined in RCW 43.43.830(7))
- you’ve been convicted of any crime since receiving your discharge for completion of your sentence;
- less than 10 years have passed since discharge for a class B felony (or felony DUI/Physical Control); or
- less than 5 years have passed since discharge for a class C felony.
If all those conditions are met, the court has the discretion to vacate the conviction. The court will either allow you to withdraw your guilty plea or set aside a guilty verdict and dismiss the case. After vacation, it’s as if the conviction never happened (except for use as a prior conviction in any later criminal prosecution).
Contact us, a Washington expungement lawyer to get started.
Expunging Washington Arrests
You can remove non-conviction data from your Washington arrest record. Non-conviction data means arrests and detentions that did not lead to a conviction. The rules are laid out in RCW 10.97.060.
You can have a Washington arrest removed from your record:
- 2 years after the record became non-conviction data because of a favorable disposition to you;
- 3 years after the date of arrest, citation or warrant unless you are a fugitive or the case is under active prosecution.
The State Patrol has discretion to refuse to delete the information if:
- The case ended in a deferred prosecution or diversion;
- you have a prior conviction for a felony or gross misdemeanor; or
- you were charged with or arrested for a crime in the intervening period.
This discretion can be overridden by a judicial order.