Recent changes to Oregon’s expungement statute (ORS 137.225) expand the list of crimes that can be expunged and shorten 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 buggery III may be expunged if the person requesting expungement has obtained a court order releasing him or her from the sex offender reporting obligation. Convictions for certain Class C felony sex crimes are also eligible based on the relative ages of the perpetrators and the victim at the time of the crime.
Under the new law, which went into effect on January 1, 2016, drug possession convictions for Class B felony offenses are now eligible for expungement three years after conviction. 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 lesser 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 removal gets a “free ride,” meaning a single violation will not count as a conviction for the purposes of removal 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. As of January 1, 2016, those individuals must now wait ten years from the date of revocation before they can apply for cancellation.
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 cancellation process very complicated, so consulting with an attorney is essential to ensure your deletion is handled correctly.
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