If you have a criminal record in Oregon, one of your options to reduce its impact is conviction reclassification. This does not remove a conviction from your record. It does, however, lower the class or degree of the charge on your record. Because of this, conviction reclassification can make a real difference in your daily life. On this page, we explain what conviction reclassification is, how it works, and how Rasa Legal can help you move forward with confidence.
What Is Conviction Reclassification?
Conviction reclassification is a way to reduce the class of a crime that appears on your record. Basically, it changes the level of the offense or the result of the case, or both. For example, you can get a felony reclassified to a misdemeanor using conviction reclassification. This lessens the impact of the conviction in many ways.
There are two main approaches to access conviction reclassification in Oregon: reductions and joint petitions. Each works a little differently, but both limit how a conviction impacts your life without completely removing it from your record.
Reductions
When you get a reduction, it lowers the class of crime on your record. Sometimes this is possible because the degree of a crime is changed. In 2014, for example, Oregon passed ballot measure 91. This changed the class of certain marijuana possession charges to a lower degree, making people with that conviction eligible to petition for a reduction. When ballot 91 and similar changes pass, or if your crime is a type of felony that qualifies for reduction without the law changing, you can update your record and have lower degree convictions.
Joint Petitions
A joint petition is more complicated than a reduction. If you go with this option, your original conviction can be changed in a lot of ways. The conviction could be vacated, dismissed, or replaced with a new offense. Sometimes, sentencing can happen again based on the updated charge. All of these approaches have slightly different results, but each gets rid of the negative effects of a conviction. In many cases, these changes can help you access new opportunities.
The Conviction Reclassification Process
Each type of conviction reclassification has clear steps you have to take to permanently change your record. These steps are different for reductions and joint petitions. Usually, reductions are simpler, while joint petitions require more involvement from you and the court.
Reductions
Like we covered earlier, the reduction process often starts with a change in the law. Sometimes, Oregon lawmakers decide to lower the classification of a crime. If that happens, or your felony can be reduced without a change to the law, the next step in the reduction process is confirming that your conviction is eligible.
Next, you may need to file a petition. This is more common for marijuana-related offenses or felony reductions. After you file, the prosecutor has the option to review your request and can object. If there is an objection, the court could schedule a hearing. At that point, you’ll need to show that you meet the requirements and that you completed all court-ordered conditions.
Finally, if everything is approved, the court grants the reduction. After that, your conviction will show the lower classification going forward. It is important to know that some reductions do not require a petition or hearing and may happen automatically, depending on the case. There are a few different ways to qualify for a reduction, and requirements differ based on the method you use.
Joint Petitions
The joint petition process involves more steps and more review. First, you have to file a petition with the district attorney in the county where the conviction(s) happened. This means you and the district attorney have to agree on what changes are being requested and how each conviction will be handled.
After you file, the court will hold a hearing. During this hearing, the court reviews whether changing the conviction is in the “interest of justice”. The judge considers factors like your behavior since the conviction, your age, your original sentence, and steps you have taken that reduce the risk of future offenses. The court can also hear from victims.
If the court approves your petition, the changes are applied. This can include re-sentencing under a different charge. The court can also change the result of a case, for example from guilty to dismissed. Once granted, the change is permanent, and your record has the new classification or case result moving forward.
Eligibility for Conviction Reclassification
Not everyone qualifies for conviction reclassification in Oregon, but records that don’t qualify for other forms of clearance could be eligible. The rules clearly outline who can get a conviction reclassification, and who cannot. We’ll cover these rules below.
Reductions
Eligibility for reductions is usually straightforward. If the State of Oregon lowers the classification of a crime, and that same crime appears on your record, you qualify to have your conviction reduced. In many cases, this is the only requirement. Sometimes, however, you have to file a petition. In those cases, the prosecutor can object and a hearing will be held.
Oregon also offers reductions for all Class C felonies, class B possession felonies, and Class A racketeering felonies. To qualify, you have to show that a charge is ‘unduly harsh.’ You can use your personal history, as well as the circumstances of the crime, to show this. This type of reduction is more involved, and does not happen automatically. No matter which route to reduction you take, there are a lot of circumstances that affect your eligibility. It's important to make sure that your case qualifies and that you have completed all of the court’s requirements before applying.
Joint Petitions
Eligibility for joint petitions depends more on the type and severity of the offense. In general, this option can only be applied to more serious convictions. In order for to be eligible for a joint petition:
- The conviction must be a felony
- The conviction cannot be aggravated murder
- The case must not qualify for a set-aside
The court also looks at what has happened since your conviction. Your actions after the case impact whether or not your joint petition is approved. You may need to show evidence of rehabilitation, a reduced risk of future offenses, or other reasons why changing the status of the case is justified.
Start Your Conviction Reclassification Today
Conviction reclassification does not remove a case from your record, but it can create real change. By lowering the severity of a conviction, many people access new opportunities. You can also use conviction reclassification to get eligible for other forms of record clearance. We’ll explore these benefits and how we can help you access them below.
Benefits
Conviction reclassification can make you eligible for other forms of record clearance. Lowering a conviction can shorten wait times or help you qualify for relief that was not available before. If you would like a set-aside, but you have a class C Felony and only 3 years have passed, you can use conviction reclassification to lower the level of the crime by a step and be eligible today.
A lower-level offense also carries fewer limits in daily life. This is especially true if you can get out of felony status, so the only records that appear during a background check are misdemeanors. Having only misdemeanors on your record removes barriers to jobs, housing, and other opportunities. A conviction reclassification is a great way to get this done.
How We Can Help
At Rasa Legal, we make conviction reclassification easy to understand and manage. We use technology and legal support to guide you through each step. First, we help you find and review your record. Then, we check what you qualify for. After that, we help you move through the process with confidence. If you are interested in getting a conviction reclassified, or other Oregon record clearance options, you can sign up here to be notified when our services go live.