Recent changes to Oregon’s expungement law allow more people to start over
Recent changes to Oregon’s expungement statute (ORS 137.225) expand the list of crimes that can be expunged while shortening waiting periods for those eligible for expungement. For example, convictions for contributing to the sexual delinquency of a minor, rape III, sexual abuse III and sodomy III can be expunged if the person requesting the elimination has obtained a court order that exempts him from the obligation to report as a sex offender. Convictions for certain Class C felony sex crimes are also eligible based on the relative ages of the perpetrator and the victim at the time of the crime.
Under new law effective January 1, 2016, Class B felony drug possession convictions are now eligible for expungement three years after the ruling. This means that those convicted of possession of ecstasy, heroin, methamphetamine, LSD, and other Schedule I drugs will no longer have to wait 20 years to have their records sealed.
The new law also provides relief to those convicted of a crime who are later convicted of a minor offense, such as failure to pay the TriMet fee. In the past, any such violation would “reset” the eligibility clock from the date of the violation. Now, a person seeking expungement gets a “free ride,” which means that a single offense will not count as a conviction for expungement eligibility.
While most of the recent changes to the law are favorable, there is also some bad news for those who have had their parole revoked. Beginning January 1, 2016, those individuals must wait ten years from the revocation date before they can request removal.
These recent changes to Oregon’s expungement law are overwhelmingly favorable for people looking to put past mistakes behind them. However, the various time limits and exceptions built into the law make the expungement process very complicated, so consultation with an attorney is essential to ensure that expungement is handled properly.
© 1/25/2015 Hunt & Associates, PC All rights reserved.