In Oregon, a felony conviction generally remains on your criminal record indefinitely unless it is expunged, also known as set aside. Expungement legally seals the record, making it inaccessible to the public and many employers, though it may still be visible to law enforcement and certain government agencies. The eligibility for expungement depends heavily on the specific felony class and other conditions.
Understanding Felony Expungement in Oregon
Expungement offers individuals a pathway to clear their past criminal convictions, allowing for better opportunities in employment, housing, and education. However, not all felonies are eligible, and strict waiting periods and conditions apply.
Here's a breakdown of general expungement eligibility for felonies in Oregon:
| Felony Class | General Expungement Eligibility Period | Notes |
|---|---|---|
| Class C Felonies | After 5 years | Generally the easiest felony class to expunge, provided all other conditions are met. |
| Class B Felonies | After 7 years | Requires a longer waiting period and meeting specific criteria. |
| Class A Felonies | Almost Never Eligible | These are the most serious felonies and are rarely, if ever, able to be expunged under Oregon law. |
| Serious Sex Offenses | Almost Never Eligible | Regardless of felony class, serious sex offenses typically do not qualify for expungement. |
Key Factors Affecting Expungement Eligibility
Beyond the waiting period, several other conditions must be met for a felony to be eligible for expungement in Oregon:
- Completion of Sentence: You must have successfully completed all terms of your sentence, including probation, parole, and any restitution payments.
- No New Convictions: You generally cannot have any new criminal convictions during the waiting period.
- Case-Specific Review: Eligibility can also depend on the specific nature of the crime, the victim's input, and judicial discretion. Certain crimes, even if not Class A or serious sex offenses, might be deemed ineligible.
- Waiting Period Start: The waiting period typically begins from the date of conviction or the date you completed your sentence, whichever is later.
The Impact of Expungement
When a felony is expunged, it means that, for most purposes, the conviction is treated as if it never occurred. This can significantly improve an individual's ability to:
- Pass background checks for employment.
- Apply for housing.
- Pursue higher education.
- Obtain professional licenses.
It's important to understand that expungement does not erase the record entirely from all government databases, particularly for law enforcement purposes, but it does seal it from public view.
For detailed information on the expungement process and specific eligibility requirements, it is advisable to consult the Oregon Judicial Department website or a qualified legal professional.
