What is an expungement?
“Expungement” is the legal term for sealing a criminal record. This means that a criminal conviction or arrest is wiped clean from someone’s record.
Under Oregon law you are generally eligible for an expungement of your criminal conviction and/or arrest record:
- Any time after three years from the date of the conviction, as long as you have complied with and fully performed the sentence of the court IF your conviction was a violation, misdemeanor, or Class C felony, or a crime punishable as either a felony or a misdemeanor; OR
- Any time after one year from the date of any arrest, if no complaint was filed; or any time after an acquittal or a dismissal of the charge.
You are NOT eligible for an expungement if:
- Your conviction is for the use of firearms in a felony
- Your conviction is for a Class B felony called a “person felony”
- Your conviction is for a sex crime or child abuse crime;
- You have been convicted of another crime within the immediately preceding 10-year period of applying for an expungement;
- Your conviction is for a traffic offense; or
- There is another criminal charge pending against you in court.
If you qualify for an expungement Legal Services will prepare papers to file with the court asking for an order sealing your record. The expungement process may take from 3 months to one year, so plan ahead.
In order to begin the process you will need to obtain a fingerprint card with a full set of your fingerprints.
- You can have the fingerprint card made at the Lane County Sheriff’s Office, located within the Lane County Courthouse at 125 E. 8th Avenue. The cost per fingerprint card is $12, payable by cash or check only. You will need to present a valid form of photo identification.
- If you are sealing a record of conviction, a certified check in the amount of $80, payable to the Department of State Police, must be attached to the fingerprint card. The fingerprint card must be given to the prosecuting attorney to forward to the Department of State Police.
- There is a state-wide expungement filing fee of $240.
- Access the Law / ASOSU Legal Services may charge a document preparation fee.