We’ve talked about ways to avoid DUI’s during the holidays in the past, but let’s take a little bit of time for a refresher. The holiday season, more specifically, the time of year during Thanks…Read More
Oregon Expungement Attorneys
Move Past Your Criminal Record With Our Expungement Attorneys
We all make mistakes. Expungement may be an option to erase those mistakes. If you made a mistake in the past, learned your lesson, and moved on with your life, you may be eligible to have your prior criminal conviction/convictions, erased or expunged.
The Donahue Law Firm represents people who have distanced themselves from past mistakes and are ready to move on with their lives–free of the past. For a flat fee, an expungement attorney at the Donahue Law Firm will handle the entire process on your behalf (exclusive of finger printing and other requirements that must be completed by the person seeking expungement).
An Expunged Record Helps You Reclaim Your Life
- A criminal record can keep you from applying for or getting a job.
- Without expunging your criminal record, you may struggle to get approved for a loan.
- Looking to start a family? With a criminal record, your adoption application may not get approved.
- Nothing offers peace of mind quite like a clean criminal record.
- An expunged record helps to protect your rights like owning a firearm and voting.
What is Expungement?
There’s no denying that living with a criminal record in Oregon (or anywhere else for that matter) is challenging. Whether that criminal mark on your record is from being arrested, convicted, or both, one act can have lasting consequences for your quality of life. But before you despair about whether a landlord will accept your lease application or if you can get that new job, take hope knowing that you may be able to have this mark on your record removed.
Expungement is the process of sealing your arrest and conviction records. This essentially removes the record from view publicly and professionally. That means that after your record has been expunged, it doesn’t need to be disclosed to other parties, like landlords or employers. There are several factors that dictate whether your record can be expunged, and they include things like the county in which the arrest or conviction occurred. Other factors include the jurisdiction, the nature of the crime of the charges, the length of time that’s passed since the arrest or conviction, and your previous criminal history.
What are the Effects of Expungement?
By having your records expunged of any arrests or convictions, they are “sealed” or erased from your criminal record for most purposes. After you’ve worked with an attorney in Oregon to expunge your record, you will no longer need to disclose your criminal arrests or convictions. That means during background checks, or public records inspections conducted by employers, educational institutions, or other companies will not reveal any criminal records from the past.
It’s important to remember, however, that an expunged record is not a forgotten one. These records aren’t completely erased, and an expungement will still be a part of your criminal record. That means that certain government entities, like law enforcement and criminal courts, can still view these records. In some cases, an expunged record that is “under seal” may be considered as evidence of a prior arrest or conviction.
What’s the Difference Between Sealed Records and Expunged Records?
These phrases are often used interchangeably but are not equivalent. Getting your records sealed is similar to an expungement but the sealed record still exists after it’s been sealed. That means that the sealed record can be found both legally and physically. Expungement leads to the deletion of any record that an arrest or charge has occurred.
Are Expungements the Same as Pardons?
These terms are also often confused. It’s important to remember that a pardon forgives a person for any offense and then cancels any of the punishments that may still remain. Pardons are only necessary after a conviction has been made.
The main difference between an expungement and a pardon is that any records are still public after a pardon. In some cases, the individual can then work to have the offense that was pardoned subsequently expunged from their records. Expungements can be granted by judges, while pardons are typically granted by state governors or the President of the United States.
The Expungement Process in Oregon
After an arrest or a conviction, you may struggle to find a job, take out a loan, or get a professional license. Fortunately, getting your record expunged is a sort of “second chance.” The first step is to schedule a consultation with an expungement attorney to see whether you’re eligible for an expungement or not.
Are You Eligible for an Expungement?
Please be aware that certain convictions cannot be expunged:
- Traffic offenses cannot be expunged;
- Driving Under the Influence of Intoxicants (DUII charges) can not be set aside. This is true even if the charge was dismissed due to completing the DUII Diversion Program;
- Convictions for Class A and Class B felonies cannot be expunged.
If your situation is not one of the above, you may be eligible to set aside a criminal record and have your criminal history expunged. To have your record expunged, you should meet the following requirements:
- You are not currently being prosecuted for other crimes.
- You have not been convicted for any other crimes in the last 10 years.
- You have not been arrested for at least three years from the date you file for expungement.
- You have not filed for expungement within the last 10 years.
- All of your fees must be paid or waived.
- The proper documents have been filed with the Oregon court of law and the prosecuting attorney’s office. Any victims that were involved in the initial crime will have the right to review and object to the expungement.
If you meet all of these requirements, you can move forward with the expungement process.
The actual process begins when you meet with an expungement attorney who helps you file the proper documentation. The documents are filed with the Oregon court of law in the same jurisdiction where you were arrested or convicted. The prosecuting attorney and the court then reviews the case history and either approves or denies the case. Once approved, the criminal record is expunged. In some cases, you may have to have completed all of your sentences or probation.
It’s important to remember that the petition to expunge your record is generally specific to one crime, conviction, or arrest, and not your entire criminal record.
Conviction Expungement and Arrest Expungement
Not every case is eligible to be expunged. Certain expungement requirements (such as lapse of time) must be met. For example, generally at least three years must have gone by since the date of the conviction, arrest, or judgment on a violation, that you wish to have expunged. In some situations, 10 years must have passed since the last arrest or conviction. If charges were never brought against you in court, but you were initially arrested, you may be eligible to have the arrest set-aside after one year. Eligibility for expungement isn’t always easy to determine without the help of an experienced expungement attorney. To see if you qualify to have your past mistakes or indiscretions set aside, and your criminal charges expunged or arrest record cleared, contact the Donahue Law Firm today. Your initial expungement consultation with an attorney is free. Call Today: (541) 216-7266.
Why You Need To Get Your Record Expunged
More than just cleaning up your criminal record, expungement offers a host of benefits that can dramatically improve your quality of life. A criminal record, whether it’s an arrest or a conviction, can keep you from pursuing educational opportunities, new careers, and even places to live.
Expand Your Housing Options
It’s not uncommon for landlords to run a background check on any potential applicants before extending a lease agreement. With a criminal record, your application might get flagged. This can prevent you from renting a property in a nice part of Oregon. Once your record has been expunged, you won’t encounter this issue.
Pursue a College Degree
One of the most common reasons that individuals seek an expungement is so they can be admitted to college. Many young people with a juvenile record don’t want the mistakes of their past to prevent them from building a future they can be excited for.
Find a Job that’s Right For You
A background check is a standard part of most employment offers, and those without an expunged record may struggle to find employment. Having your record expunged makes you eligible for a wider variety of career opportunities. However, if you’re looking for employment with the federal government or with law enforcement, this record may be accessible to these agencies, regardless of whether your record was expunged or not.
Get Access to More Resources
In many cases, free and low-cost assistance and resource programs are only available to those who submit their personal information, including whether they have been arrested or convicted. Additionally, a criminal record can impact your relationships with friends, family, and community members. By having these marks expunged, you gain access to these valuable networks again.
Speaking to Our Attorneys Today
You can seek an expungement for a number of reasons, but it’s in your best interest to work with an experienced criminal defense attorney when you do so. The Donahue Law Firm can help you produce professional applications and documents that improve your chance of getting your record expunged. Most of the time, we are able to expunge past indiscretions for the cost of less than one month’s rent. Call to speak with an attorney to see if expungement is an option for you. Expunge the past. Move on with your future. Call Today: (541) 216-7266