If you have a criminal record in Oregon, you are not alone. Many Oregonians carry past charges or convictions that still affect their lives today. Oregon offers several ways to reduce or remove the impact of these records. In this guide we will walk through the main types of Oregon record clearance, basic eligibility rules, and key benefits that come with a cleared record. We will also explain your record clearance options and how Rasa can help you navigate the record clearance process.
Oregon Record Clearance Types
Oregon law provides several ways to reduce the impact of a criminal record. Each option works differently and applies to different record types. Because of this, it is important to understand these options and effects before deciding which steps are right for you. To help you with this, we’ve outlined the main forms of Oregon clearance below.
Set-Asides
A set-aside is a clearance option where a court removes a charge or conviction from your record. In other words, they ‘set it to the side.’ This is done via a court-order. A set-aside is also accompanied by a sealing, which provides added protection and privacy.
When a charge is set aside, you can legally say that you did not commit that offense. In many contexts it is as though the crime never occurred. The sealing that comes with a set-aside stops your record from appearing on background checks. All of this makes the effects of a set-aside wide-ranging and thorough.
Conviction Reclassification
Oregon law also offers an option to “re-classify” a conviction. There are several ways to get your conviction reclassified, the first of which is by getting a reduction. One way a reduction becomes possible is when a crime that appears on your record has its classification changed. Some charges require a court motion before they are reduced, and many do not. Also, Class C Felonies are eligible for reduction even if their classification has not been changed. Whether or not a motion is required, reductions can shorten wait times for other forms of record clearance and lessen penalties for the crime.
Another conviction reclassification option is filing a Joint Petition for Reconsideration of a Conviction or Sentence. When filing a Joint Petition, you basically ask the state to review your case and change its degree and related penalties. Unlike reductions, this does not require the crime to be reclassified before you can petition. Reclassifications and joint petitions all change the degree of a charge which affects things like wait times and penalties.
Pardons
Pardons are another clearance option, but are extremely difficult to get. A pardon is granted by the Governor of Oregon. Pardons are granted based on the Governor's judgement, meaning there is no guarantee that an application will be approved. If a pardon is approved, it seals the related cases.The Governor’s decisions depend on many factors, including rehabilitation, time since the offense, and community impact. Because of this, pardons are less predictable and less common than court-based options.
Other Specialized Record Clearance Options
In addition to set-asides, reductions, and pardons, Oregon law includes several alternate or specialized forms of record clearance. These include simpler set-aside procedures for certain charges. They also include quicker and less intensive processes for sealing drug possession related misdemeanors.
First, Oregon offers expanded set-asides for:
- Trafficking-related prostitution charges
- Underage (younger than 21) marijuana charges
- Guilty except for insanity cases
These categories receive special legal consideration. In some situations, they have shorter wait times or different eligibility standards.
Beyond set-asides, some drug possession cases qualify for sealing without the scrutiny of a set-aside. These are known as Drug Enforcement Misdemeanors, or DEMs. If a person meets the required conditions, courts are required to seal these cases shortly thereafter. Oregon also offers DEM sealings as part of probation agreements.
Once a case is sealed, it has a much smaller impact on your life. It no longer appears on background checks, and accessing it in general is much harder. DEMs make sealing a record simple, and reduce the punishments for people struggling with addiction.
Options for Oregon Record Clearance
If you are interested in record clearance in Oregon, there are several ways you can approach the process. Each option comes with different costs, time commitments, and levels of support. Because record clearance laws are strict, the choice of approach can affect how long the process takes, how much it costs, and how successful it is.
Hire Rasa as Your Lawyer
Here at Rasa, we developed an online eligibility tool that allows users to check if their Oregon record qualifies for clearance. Once we launch services, if a person is eligible, our experienced legal team will prepare and manage the required paperwork, while our clients track their progress through our user-friendly app. Our approach combines legal guidance with digital tools, providing record clearance services at a lower cost and more quickly than the other alternatives.
Hire a More Traditional Lawyer
Another option is hiring a traditional private attorney to handle your case. This gives you access to a professional, but working with a more traditional lawyer can be expensive. Legal fees often reach thousands of dollars per case, depending on the number of charges and the amount of work involved. In addition, the process can be slow. As a result, traditional legal services can be hard to use.
Doing It Yourself
Finally, you can try to complete the record clearance process on your own. Self-filing can be challenging. The process involves strict rules, deadlines, and technical requirements. Even small mistakes can lead to delays, rejections, or the need to refile.
Eligibility for Oregon Record Clearance
Not every charge or conviction qualifies for record clearance. Oregon law sets specific eligibility rules that determine if a person is eligible for clearance. In general, eligibility depends on factors like how much time has passed, whether a person has stayed crime-free, and whether the original sentence was fully completed. Even though the specifics vary by case type, these factors are almost always considered. You can check out our Oregon Record Clearance Options page if you’d like more information on wait times for specific clearance types.
Wait Times
For many forms of record clearance, Oregon law requires a waiting period. This means that a certain amount of time must pass after a conviction or sentence before that record can be cleared. These wait times differ based on the type of record clearance and the seriousness of the offense.
More serious charges come with longer waiting periods. Less serious offenses usually require shorter waits. For set-asides, the waiting periods include:
- Seven years for a Class B felony
- Five years for a Class C felony
- Three years for a Class A misdemeanor
- One year for Class B and Class C misdemeanors
- One year for contempt cases
- Sixty Days for cases where no accusatory instrument was filed
For Drug Enforcement Misdemeanors, or DEMs, waiting periods can range from sixty days to three years. These timelines depend on factors such as participation in treatment programs and evidence of rehabilitation. While different treatment options and probation completion can shorten wait times, the maximum wait time for eligible DEM sealing is three years.
Conviction reclassifications have fewer time requirements. When a law changes and reclassifies crimes, eligible reductions may take effect immediately. Similarly, petition-based marijuana reductions are eligible for consideration as soon as the law changes. Joint petitions, on the other hand, are subject to review so some time out of the system goes a long way.
Crime-Free Time Requirements
In addition to formal waiting periods, Oregon law often requires a period of crime-free behavior. This means that a person must avoid new criminal charges or convictions for a certain number of years before they can clear their record. If a person commits a new offense during this period the clock resets, which can delay eligibility.
The length of required crime-free time depends on the type and severity of the original offense. More serious convictions tend to require longer periods without new criminal activity. In many cases, the crime-free period matches the formal waiting period. For example, if a case has a 3-year wait time before it can be set aside, it probably requires 3 years without new convictions.
Ineligible Crimes
Some charges and convictions cannot be cleared through standard record clearance procedures. In some situations, a case or charge is excluded because it is minor. Traffic violations, for example, do not qualify for standard set-asides.
Other crimes are legally ineligible for a set-aside because of their seriousness. These include:
- Elder abuse offenses
- Child abuse offenses
- Many registerable offenses
These crimes never become eligible for a set-aside, which means you have to use an alternative clearance strategy. It’s important to note that every form of record clearance has some ineligibility rules. Joint petitions, for example, are available for crimes that do not qualify for a set-aside. They are not, however, available for aggravated murder related charges.
Finally, a person is not eligible for record clearance if they did not fully complete their sentence. This includes finishing all required jail or prison time, completing probation or parole, and paying all fines, fees, and restitution.
To recap, eligibility for clearance is determined by wait times, crime-free periods, offense restrictions, and sentence completion. If any of these pieces are missing, you cannot get the relevant case/charge cleared.
Benefits of Oregon Record Clearance
For many people, record clearance is not only about legal status. It is also about improving daily life and future opportunities. While results can vary based on the type of clearance and the specific record, many people experience meaningful changes after qualifying cases are cleared. We are going to cover some of the most common of these benefits below.
Housing Opportunities
A criminal record really limits the quality of housing you qualify for. Many landlords use background checks when reviewing applications. If a past conviction appears, it can make approval more difficult.
When a case is set aside, a person may legally say that they did not commit that offense. Also, when a record is sealed, it does not appear on standard background checks. As a result, record clearance can improve access to housing and reduce the likelihood of rejection.
Rights Restoration
Certain legal rights may be limited during and after you are convicted, especially in felony cases. A lot of the time, these rights are restored once a person completes their sentence. In other situations, your rights can be restored by clearing your record.
Rights that may be affected include:
- The right to vote
- The right to serve on a jury
- Eligibility for certain licenses
- Some firearm related rights, which are restored through a petition for relief
When a conviction is cleared, usually by set-aside, it can help restore these rights in part or fully. For many people the chance to participate in their community and exercise their rights is very important, and rights restoration can help them achieve that.
Employment Outcomes
Employment is another area where record clearance can have a strong impact. Many employers conduct criminal background checks during hiring. A visible conviction can limit job options, even when the offense is old or unrelated to the position. Record sealing limits who can see your criminal record, especially on background checks. This can result in full-time employment, professional advancement, and higher-paying positions.
Oregon also has some licensing boards and processes. While it can’t be the only reason you are denied, a criminal record can stand in the way of getting a license. It can also make the process much longer, and require review before you are hired/licensed. A set-aside or sealed record will not count against you, and makes getting a license much easier.
Peace of Mind
Beyond legal and financial benefits, many people seek record clearance for personal reasons. Carrying a criminal record can create ongoing stress, worry, and uncertainty. It may affect confidence, relationships, and long-term planning.
For many, a clear record represents a fresh start. Knowing that cases have been cleared takes a huge weight off of people’s shoulders, and gets rid of the stigma associated with a record. This sense of relief is often described as one of the most meaningful outcomes of record clearance.
As you can see, there are a lot of record clearance options available in Oregon. If you are interested in taking the first steps toward clearing your record, you can sign up here to be notified when our services go live.