Drug charges can stack up quickly. Even low level cases can make it harder to find a job, rent a home, or enjoy a stigma-free life. In Oregon, if your drug possession case is a Drug Enforcement Misdemeanor, it qualifies for a simple path to record clearance. On this page we explain what Drug Enforcement Misdemeanors are, how the State seals them, and more.
What Is a Drug Enforcement Misdemeanor
A Drug Enforcement Misdemeanor, often called a DEM, is a low level drug charge. These include possession charges for cocaine, heroin, methamphetamine, and other drugs. DEM charges are usually Class E violations. They do not include possession charges above certain amounts, especially if the drug is schedule I or II. In many cases, the judge will tell you whether your charge or conviction is a Drug Enforcement Misdemeanor.
DEM sealing follows a simpler process than many other kinds of record clearance. Often, the State seals cases automatically after the right wait time passes. Once a DEM is sealed, access to that part of your record is limited. That can make it easier to apply for work, apply for housing, and access other opportunities.
How the Sealing Process Works
The sealing process depends on what is on your record. Some people have only Drug Enforcement Misdemeanors. Others have a mixed record with both DEMs and other charges. While both of these combinations are eligible, the process is different for each.
If Your Record Only Has DEMs
If your record has only DEMs, the sealing process is simple. In many cases, you wait the required amount of time and the state seals the case. This process is usually automatic. Depending on the situation, the State may seal your DEM more or less quickly. For example, going to a treatment program allows you to seal a case right after you complete the program successfully. So, if your record includes only DEMs, the path to sealing is usually direct.
If You Have a Mixed Record
Some records are mixed, and include both DEM and non-DEM convictions. In that situation, the Drug Enforcement Misdemeanor does not become eligible right away. First, you have to set aside the non drug conviction(s) in the same case. Once the non-DEM charges on the case have been set-aside, your case moves forward normally.
Result of Sealing a Drug Enforcement Misdemeanor
If your sealing is successful, the Court issues an order sealing their internal records, and the record of your Drug Enforcement Misdemeanor that other agencies have. This basically limits access to that part of your record. In most cases, a sealed record isn’t available through the usual public search process.
Who Qualifies for Drug Enforcement Misdemeanor Sealing
Eligibility for DEM sealing depends on a few factors. To figure out whether you qualify, it helps to look at three things. First, you need to see whether the offense itself qualifies. Next, you need to check whether the case includes other charges. Then, you need to know whether the required wait time has passed.
Qualifying Offenses
As a general rule, Class E possession charges for drugs other than marijuana count as Drug Enforcement Misdemeanors. Almost all Class E charges are for possession of small amounts. If you were charged with a Class A misdemeanor or a felony, your case probably doesn’t qualify for sealing as a DEM. Your case must also be closed to be eligible, and it cannot have an active warrant. Basically, a DEM must be closed and of a qualifying type to be eligible for sealing.
Mixed Records
Some cases include more than one charge. If every charge in a case is a DEM, the State seals it all at once. In other words, the State will not move forward with sealing until every part of the record is eligible. That means that even if one of the charges has a shorter wait time, nothing will be sealed until every charge is wait-time eligible.
If a case includes a DEM and a non DEM conviction, the first thing you have to do is set aside the non DEM conviction(s). You can check out our set-aside page for more information on that process. Once the rest of the charges are set-aside, the State can seal your DEM.
Wait Times
If your case meets all of the requirements above, there are still wait-time requirements that determine when the State will seal your case. Wait times depend on the circumstances of your case. The state will seal your case within:
- 60 days after you successfully complete a diversion program
- 90 days after you complete probation if charges are dismissed
- 90 days after you are acquitted
- 90 days if it has been 2 years without prosecutorial action
- 90 days if 3 years have passed and the case was dismissed
- 90 days if 3 years have passed and you were convicted
Taken together, these rules show that you need the right type of offense, the right case status, and enough time since the case ended before you can get things sealed.
How Rasa Legal Can Help
Sealing a record can make a real difference, in part because it makes it easier to apply for jobs, housing, and school. It can also reduce the stigma that often comes with a criminal record. This is all due to the fact that sealing a record makes it harder to access. In part, this means that a sealed record no longer appears on background checks, which means it’s no longer hanging over you.
Even with Oregon’s simpler DEM sealing process, problems can still crop up. A charge may stay on your record longer than expected, or a mixed case may need a set-aside before sealing can happen. At Rasa Legal, we help people understand their record and find the right path to record clearance.
We don’t offer services in Oregon quite yet, but you can sign up here to be notified when our services go live.