If you’re a victim of a crime in Oregon, You may be contemplating your options to seal or erase the record. It is good to know that there are many options to get rid of your criminal history in Oregon. In this blog post by the Donahue Law Firm in Bend, we will look at the various methods to seal or erase Criminal records within Oregon. We will also offer information on selecting the most appropriate option for your situation. Read on to learn more, and then contact us to schedule a consultation now!
What Is Expungement?
Expungement is the legal procedure of sealing or destroying criminal records. It can be accomplished for arrests or convictions which did not lead to an indictment. If a record is removed is a sign that it will not be listed in background searches or criminal background checks.
There are two kinds of expungement that are available in Oregon:
- Expungency for a criminal record is limited.
- Complete criminal history extinguishment
A limited amount of expungement for criminal history is offered for certain misdemeanor convictions and non-convictions, such as dismissed charges or Acquittals. To be eligible for expungement, one needs to have a minimum of 3 convictions on your record and no criminal cases are pending. Also, you must wait for a minimum of two years after completing your sentence before applying for extinguishment.
A complete criminal history exoneration is possible in the case of convictions that aren’t qualified for an expulsion from criminal history that is limited. To be eligible, you must not have outstanding criminal charges, and you must stay for at least five years following the completion of your sentence. It is also possible to go through a rehabilitation program based on the circumstances of the conviction.
How to Seal a Criminal Record in Oregon
Sealing the criminal record is different from eradicating it. When you seal a criminal record, this means the record will remain however it will be hidden from view. Records sealed are only accessible to police, courts, and government agencies.
In Oregon, it is possible to close your record for criminal convictions if you are in the process of being arrested but not convicted or found guilty of a misdemeanor that did not lead to prison time. You must wait a minimum of two years after the expiration of the sentence before when you can request sealing. If you’ve been found guilty of the crime of committing a felony, then you can request sealing within five years.
How to File a Motion to Expunge or Seal Your Criminal Record
If you want to delete or block your criminal history, you’ll have to file a motion before the court. The motion must be filed with the county where you were found guilty. When the motion is filed, the court will decide the date for the hearing. In the hearing, you must prove that you’re eligible for sealing or expungement.
If you’re successful in your sealing or expungement case, you will receive an injunction to instruct law enforcement officials to erase or seal your criminal record.
Who Is Eligible for Expungement in Oregon?
In Oregon, you could be qualified for expungement if you were detained but not found guilty or guilty of a misdemeanor that did not lead to imprisonment. It is necessary to wait at least two years after the sentence’s expiration period before you can request expungement. You may request expungement after five years if you’re found guilty of a crime.
If you have a criminal history in Oregon, You may be thinking about the best solution to get rid of it. The answer is contingent on the specific circumstances of your case. This could be the best option if you’re qualified to delete your record since it will completely erase the criminal history. But, if you’re not legally eligible, sealing your criminal history might be an alternative.
If you have questions regarding sealing or expunging the criminal record in Oregon or elsewhere, contact us to schedule a meeting with a criminal lawyer in Bend. We will assist you in understanding your rights and choices in the legal system.
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