Oregon offers a lot of ways to clear a criminal record, and it can be difficult to know which one is right for you. At Rasa Legal, we are dedicated to making the clearance process simpler. This means improving the application process, making your record easier to access, and making the requirements for clearance easier to understand. In this blog, we’ll cover the primary record clearance options in Oregon, which are:
- Set-asides – A broad option that results in the case being taken off of your record and sealed, limiting who can access your record and reducing its impact on your life.
- Conviction reclassifications – Legal processes that move a conviction to a lower degree, which can lessen penalties and shorten wait times tied to your record.
- Pardons – Granted by the governor on a case-by-case basis, pardons result in sealing which limits who can see your record.
- DEM sealing – A specialized process for drug possession-related cases that results in sealing through a more streamlined process.
Each option has different eligibility rules and effects, which we’ll go over.
Set-Asides in Oregon
A set-aside is available for a variety of charges and records. When a set-aside is granted, the court enters an order that makes it as though the crime did not occur. Set-asides also result in a sealing. Both the set-aside itself and the sealing that comes with it limit who can access the case and reduce the impact it has on your life.
Who Is a Set-Aside Best For?
Set-asides are best for people who meet wait-time and crime-free-time requirements. Set-asides are an extremely thorough clearance option, which makes them good for people who are looking for a lot of protections. People who have not waited long enough, did not complete sentencing requirements, or have an ongoing case are not eligible. If you meet the standards and want to take a case off of your Oregon record, a set-aside is the right option.
What Does a Set-Aside Do?
A set-aside makes it as though you were never convicted, arrested, cited, or charged for the case in question. As a result you can tell employers, landlords, and others that you did not commit crimes that have been set-aside. A set-aside also removes certain penalties associated with a crime, as is the case for rights lost while serving time for a felony. Crimes that get set-aside are also sealed. Sealing limits who can access your record. In short, set-asides remove the effects of a charge or conviction.
Am I Eligible?
To qualify for a set-aside, you must meet certain crime-free and wait-time requirements. Each class of crime has a different wait time before it is eligible. You must also remain crime free for the entirety of these wait times. Wait times are:
- 1 year for a class B or C Misdemeanor
- 3 years for a class A Misdemeanor
- 5 years for a class C felony
- 7 Years for a class B felony
Before getting a set-aside you must also have completed all court requirements, including probation. You cannot have any open cases when applying for a set-aside. In some cases, your petition may require a hearing before it is granted. If that happens, you must show that the crime is eligible and that granting the set-aside is in the interest of public safety.
Some crimes never qualify for a set-aside. These include particularly serious crimes, such as elder abuse, child abuse, or registerable crimes. Class A felonies are also ineligible for a set-aside due to their severity. If you do not meet these requirements, you cannot get a set-aside.
How We Can Help
We can help you navigate the set-aside process from start to finish. This includes seeing if you qualify using our eligibility tool, preparing and filing petitions, and making sure the final order goes through. You can sign up here to be notified when our Oregon services go live.
Reclassifying a Conviction on Your Oregon Record
Some options, which we call conviction reclassifications, reduce a crime’s severity without removing it from your record. Oregon offers two main conviction reclassification options: reductions and joint petitions. Both of these processes change the degree of a crime on your record. For many people, this can reduce the long-term impact of a conviction. Reductions also simplify other forms of record clearance.
Who Is Conviction Reclassification Best For?
Reductions are best for people whose crime has been reclassified by the State, or people with Class C and other qualifying felonies. If, for example, the state changes a crime from a Class A Misdemeanor to a Class B misdemeanor, you can make that same change on your record. In some cases, these changes happen automatically. Oregon also lets people reduce Class C felonies, class B possession felonies, and Class A racketeering felonies, even if their classification hasn’t changed.
Joint petitions are different. They require approval from the district attorney in the county where the crime happened. Because of this, joint petitions are best for someone who has been out of the system for a long time and can show evidence of rehabilitation and changed circumstances. Both reductions and joint petitions can help people who would benefit from having the severity of a crime lowered on their record.
What Does Conviction Reclassification Do?
Conviction reclassification changes the class of a crime as it appears on your record. This change can lead to shorter wait times for set-asides or other record clearance options. It can also reduce certain penalties and make it easier to explain your record to employers or landlords. The best way to use reductions depends on the type of charge, the rest of your record, and your long-term goals.
Am I Eligible?
When a crime’s degree has been reclassified, or is a qualifying felony, eligibility is straightforward. Sometimes you must file a petition, including for marijuana-related reductions. In other cases, reductions are applied to your record automatically. If your case requires a form, the prosecution may object, and you may need to show that the charge qualifies. Eligibility is relatively simple for reductions.
Joint petitions are more complex. To qualify, the charge must be a felony that is not eligible for a set-aside and is not aggravated murder. You must also present compelling evidence that a reduction is justified. Because the District Attorney must file the petition with you, strong evidence of rehabilitation is important. Even then, approval is not automatic.
How We Can Help
In many cases, conviction reclassification happens automatically. Still, there are parts of the process that require extra work, or you may want peace of mind. We can review your record to confirm whether a change occurred. We can also help you understand how a reduced charge affects your eligibility for other forms of record clearance. In some situations, we may be able to help you navigate petitions for more involved reclassification processes.
Pardons in Oregon
Oregon also offers pardons. Unlike set-asides or reclassifications, pardons are granted by the governor on a case-by-case basis. Because of this, they are not automatic or guaranteed. A pardon limits who can see your record by sealing it.
Who Is a Pardon Best For?
Pardons are best for people who do not qualify for other forms of Oregon record clearance. This includes people who were denied other options, or people whose charges are not eligible for set-asides. Since pardons are up to the governor, having strong evidence of rehabilitation or a clear reason for relief can make a big difference.
What Does a Pardon Do?
The state seals pardoned cases. This limits who can view the case, including during background checks. A pardon also creates official pardon documents that are filed as part of the public record. Basically, a pardon provides sealing for people who would otherwise be ineligible.
Am I Eligible?
Pardons are not typically granted for charges that are eligible to be set-aside. Otherwise, the governor decides to grant a pardon based on the application, victim statements, and more. This means there are no strict, universal eligibility rules. Instead, the outcome depends on the applicant and the other variables mentioned above.
If another Oregon record clearance option is available and you are eligible, that route is often more predictable than pursuing a pardon.
How We Can Help
We do not offer pardon-related services at this time. However, we provide additional information on our pardons page, including details about the process, required forms, and organizations that may be able to help you move forward.
Drug Enforcement Misdemeanor (DEM) Sealing in Oregon
A Drug Enforcement Misdemeanor, or DEM, is a misdemeanor charge tied to drug possession. Oregon offers an alternative process to seal these charges. DEM sealing is simpler than other forms of record clearance. In some cases, it happens automatically. DEM sealing is a great option with limited eligibility.
Who Is DEM Sealing Best For?
DEM sealing is only available to people who have certain drug possession cases. DEM sealing goes into effect more quickly if you have completed drug rehabilitation or have time out of the system. If you have drug cases that do not include other types of charges, or you would like to get rid of drug charges on your record by combining clearance options, DEM sealing is right for you.
What Does DEM Sealing Do?
DEM sealing, as mentioned above, seals drug possession charges. When a DEM is sealed, the case is no longer accessible to the public, including during background checks. This can improve access to housing and employment.
DEMs are usually entered into the system at the time of conviction. The court tracks DEM-eligible cases as they move through the court and other institutions. There are several checkpoints that can lead to your record being sealed without requiring a petition or hearing. For this reason, DEM sealing is sometimes “automatic”, although outcomes can vary.
Am I Eligible?
There are specific timelines that control when a DEM gets sealed. In cases where the DEM is the only charge, the court must seal the case within the following time:
- 60 days after completion of a deflection program
- 90 days after probation
- 90 days after acquittal
- 2 years without prosecutorial action
- 3 years after conviction
If the DEM is tied to other charges, the process changes. When all of the charges in a case are DEMs, the entire case must meet the time requirements above before the sealing goes through. If the case includes both DEM and non-DEM charges, the non-DEM charges must be cleared before the DEM charges can be sealed.
How We Can Help
Even though much of the DEM process happens automatically, it is still important to confirm that sealing actually occurred. We can review your record to make sure eligible DEM cases were sealed. Also, if your case includes non-DEM charges, we can help you combine options to clear your entire record.
Take the Next Step Toward Clearing Your Oregon Record
As you can see, there are several paths to Oregon record clearance. Each option comes with different requirements and serves a different purpose.
At Rasa Legal, we have built tools and services to help people understand their eligibility and move forward with confidence. Whether you want to confirm that a DEM was sealed, explore a set-aside, or better understand how reclassification affects your options, we can help! You can sign up here to be notified when our Oregon services go live.