Expungement

A criminal conviction or an arrest far in your past can still show up on background checks for employment and can impact your ability to apply for professional licenses. So how do you clean up your criminal record? Well, if you think you may be eligible to apply for an expungement in Oregon call Anfuso Law, P.C. today and speak to an experienced expungement attorney for a FREE consultation: 503-946-3646

Assisting individuals in clearing up an old conviction is one of my favorite areas of practice. We firmly believe that a mistake in the past doesn’t need to define your future. We understand how troubling it is when a conviction in the past creeps back into your life and impacts your ability to travel or apply for a job. You can even expunge the record of an arrest. What many people don’t realize is that a person can be arrested and never convicted yet that record of arrest remains visible on certain background checks.

Oregon’s expunction statute is complicated and not all convictions are eligible to be sealed or “set aside.” ORS 137.225 details the eligibility requirements for convictions that can be expunged. Many crimes can be expunged either three years after a conviction (if no other convictions within the past ten years) or ten years after conviction (if multiple convictions or any other convictions within the previous ten years). Crimes that cannot be expunged are:

(a) A Class B felony, except for a violation of ORS 166.429 (Firearms used in felony) or any crime classified as a person felony as that term is defined in the rules of the Oregon Criminal Justice Commission.

(b) A Class C felony, except for criminal mistreatment in the first degree under ORS 163.205 (Criminal mistreatment in the first degree) when it would constitute child abuse as defined in ORS 419B.005 (Definitions) or any sex crime.

(c) The crime of possession of the narcotic drug marijuana when that crime was punishable as a felony only.

(d) A crime punishable as either a felony or a misdemeanor, in the discretion of the court, except for:

(A) Any sex crime; or

(B) The following crimes when they would constitute child abuse as defined in ORS 419B.005 (Definitions):

(i) Criminal mistreatment in the first degree under ORS 163.205 (Criminal mistreatment in the first degree); and

(ii) Endangering the welfare of a minor under ORS 163.575 (Endangering the welfare of a minor) (1)(a).

(e) A misdemeanor, including a violation of a municipal ordinance, for which a jail sentence may be imposed, except for endangering the welfare of a minor under ORS 163.575 (Endangering the welfare of a minor) (1)(a) when it would constitute child abuse as defined in ORS 419B.005 (Definitions) or any sex crime.

(f) A violation, whether under state law or local ordinance.

(g) An offense committed before January 1, 1972, that if committed after that date would be:

(A) A Class C felony, except for any sex crime or for the following crimes when they would constitute child abuse as defined in ORS 419B.005 (Definitions):

(i) Criminal mistreatment in the first degree under ORS 163.205 (Criminal mistreatment in the first degree); and

(ii) Endangering the welfare of a minor under ORS 163.575 (Endangering the welfare of a minor) (1)(a).

(B) A crime punishable as either a felony or a misdemeanor, in the discretion of the court, except for any sex crime or for the following crimes when they would constitute child abuse as defined in ORS 419B.005 (Definitions):

(i) Criminal mistreatment in the first degree under ORS 163.205 (Criminal mistreatment in the first degree); and

(ii) Endangering the welfare of a minor under ORS 163.575 (Endangering the welfare of a minor) (1)(a).

(C) A misdemeanor, except for endangering the welfare of a minor under ORS 163.575 (Endangering the welfare of a minor) (1)(a) when it would constitute child abuse as defined in ORS 419B.005 (Definitions) or any sex crime.

(D) A violation.

If you have questions about expungement call Anfuso Law, P.C. today. Free Consultation: 503-946-3646

Anfuso Law, P.C. provides Expungement defense and Expungement attorney services for Portland OR, Clackamas, Oregon City, Gresham, Hillsboro, and Beaverton.