Expungement Attorney Clearing Your Oregon Criminal Record in Eugene - Arnold Law in Eugene, Oregon – Powerful Advocacy. Proven Results.

Expungement Attorney Clearing Your Oregon Criminal Record in Eugene

The Eugene attorneys of Arnold Law handle statewide expungements of criminal records, including arrests, convictions, and police records. With Oregon’s eCourt filing system, you can expunge criminal records with relative ease.  Your Eugene attorney can expunge a crime anywhere in the state of Oregon.

The criminal record sealing system requires several forms, a filing fee, and fingerprint records of the defendant. In order to qualify for an expungement in Oregon, your Eugene lawyer must wait until three years before filing the Motion to Set Aside the Arrest/Conviction if you have only one crime/one count on your record or ten years if you have more than one.

[How can you expunge criminal records in Oregon?]

[How can you expunge criminal records in Oregon?]

If you do not have any convictions and only wish to have an arrest or dismissed case expunged, that can be done at anytime after the dismissal.This includes Lane County or other Circuit Courts or Eugene Municipal Court or other muni courts.

You can expunge most Oregon cases that are Class C felonies or misdemeanors except you cannot expunge any sex crimes, such as sex abuse, or driving crimes, such as reckless driving and DUII. However, you can expunge sexual harassment, Coercion, Unlawful Use of a Weapon, Assault IV, etc.

How can I expunge a crime in Oregon?

An expungement (also known as “expunction” in the Oregon Revised Statutes) is the legal process where a person’s criminal arrest and/or conviction (judgment) disappears as if you were never arrested or convicted, a legal fiction so to speak. The actual record (the entire court file, the pleadings, and court notes) that is in the circuit court is “sealed.” Additionally, all the police agencies that were involved in the investigation and original legal case are ordered to seal (destroy) their paperwork and records as well.

There are four scenarios where someone may need to have to expunge something in Oregon. The first scenario is where someone was only arrested and not charged with or convicted of any crime.  To successfully petition the court for an expungement, one year must have passed since the arrest.

The second scenario is when someone was arrested and charges were filed but they were convicted of nothing. This occurs when charges were dismissed by the district attorney, by the court, or when a jury or judge found the person not guilty of the charged crime. There is no wait for filing for an expungement in this scenario.

The next scenario occurs when someone wasn’t arrested but charges were filed anyway by the Lane County district attorney or Eugene City Prosecutor (and you were sent a letter of a notice to appear). Then, the case was dismissed or the criminal defendant was acquitted. There is no wait for this scenario either.

The fourth scenario occurs when someone was convicted of a crime after an arrest and after charges were filed. This conviction could be by a guilty plea (most common) or a conviction after a bench (judge) or jury trial. This is the toughest scenario. You must wait three or ten years to apply to have the conviction and your record expunged. You have to wait ten years if there was more than one case in your history that you were convicted for or if there was more than one count. See the expungement examples below.

Can I expunge my criminal record in Oregon? EXAMPLES:

1. The defendant pleaded guilty to one count of disorderly conduct and two years has passed.  YOU CANNOT EXPUNGE THIS.

2. The defendant was found guilty in a jury trial of an assault in the fourth degree and three years has passed.  YOU CAN EXPUNGE THIS.

3. The defendant pleaded guilty to both disorderly conduct and Assault IV and four years have passed. YOU CANNOT EXPUNGE THIS YET. YOU MUST WAIT TEN YEARS and stay out of trouble.

4. The defendant was convicted of Assault II and eleven years have passed. NO EXPUNCTION. This is not a Class C felony.

5. The defendant was convicted of disorderly conduct in Year 1 and then Coercion in Year 10.  NO EXPUNGEMENT IS AVAILABLE FOR ANOTHER TEN YEARS. You must wait ten years from the last conviction to expunge any of them.

6. The defendant was convicted of reckless driving and waits eleven years. NO EXPUNGEMENT (driving crime).

Be sure to get your fingerprint card from the sheriff’s office, such as the Lane County Sheriff’s Office. You will have to pay for this.

Fingerprint

The process once completed sometimes takes as long as six months for the DA’s Office to complete its investigation. After the court signs the order sealing the file, don’t be surprised if the conviction still shows up in background checks by employers. Oftentimes, the data in private systems is outdated and gathered from old public records.

How much does it cost to expunge a crime in Oregon?

Attorney fees on cases like expungements are typically charged by the hour with a moderate retainer deposit to pay attorney fees and costs or by a flat fee plus payment of the filing fee.

For more information about expungement Oregon crimes, call the Eugene law firm of Arnold Law at 541-338-9111.

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  • Representative Cases

    Sodomy I (Jessica’s Law) – 3 Measure 11 counts dismissed after innocence proved

    This was a Jessica’s Law case where, if convicted, Client was facing a mandatory minimum prison sentence of 25 to 75 years in prison. Client passed a polygraph in the case and his attorneys Mike Arnold and Lissa Casey conducted an investigation illustrating his actual innocence.

    Michael Arnold, stated, “Our client is thankful for his release and dismissal of these terrible false accusations against him. He was a wrongfully accused innocent man who had three months of his life stolen from him due to lies and an incomplete investigation. Arnold Law’s investigation showed a lack of motive and lack of opportunity to commit the acts alleged against him.The Government’s incomplete investigation turned what should have been an uncomfortable family matter involving a very troubled child into an unjustly incarcerated man and placed unthinkable stress on his family...”

    Sex Abuse Case dismissed

    Client charged with sexually abusing his employee. After an investigation showed that some of the complaining witnesses recanted their statements and motives for false accusations discovered, case dismissed before trial.

    Custody case motivates false Measure 11 accusations against father

    Client jailed with $1.68 million bail setting after being falsely accused of smothering his wife with a pillow and sexually assaulting two adoptive daughters, among other claims. The case eventually resolved with an Alford Plea to one count of coercion for allegedly forcing a remote control out of wife’s hands, which is expungeable at the end of probation, no additional jail time, and a dismissal of all remaining charges. After the dismissal, client was able to resume parenting time with his biological daughter and continue to be an active father.

    Attempted Sex Abuse I – Dismissed

    Client accused of having unwanted sexual contact with a woman while she slept in a hotel room. After thorough defense investigation of witnesses to incident were presented to the DA, all charges were dismissed before trial.

    CIVIL LITIGATION

    Sexual Harassment Defense – Hospital Administrator Stalking

    Mike Arnold defended the administrator of a hospital who pursued a relationship with a young woman who was apparently giving him mixed signals. Before contacting our firm he was convicted of a criminal stalking charge and lost a stalking order trial. She then sued him for $500,000 claiming sexual harassment, assault, and intentional infliction of emotional distress. In a Marion County jury trial after a brutal cross-examination of the plaintiff and picking apart their psychologist expert, we won a defense verdict.

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    Wrongful Use of Civil Proceedings – False Stalking Order to Gain Custody

    Received a $50,000 judgment through bankruptcy adversarial proceeding due to mother lying to get a stalking order.

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    Testimonials

    Measure 11 Dismissal

    “I am not a resident of Oregon and was put in the awkward position of finding a competent attorney for my son who had just been charged with a very serious felony while attending a university here. My wife and I interviewed a number of the top attorneys throughout the state and also asked for advice from several attorney friends and a judge from our home state. None of the numerous attorneys we interviewed came close to the quality, knowledge and compassion of the Arnold Law Firm. They took care of my son and advised him in jail even before we had agreed to hire them. That really showed me the quality of this firm. I can not say enough good things about their firm. Everyone in the office is professional and personable.

    “My son was represented by Mike Arnold and Emilia Gardner. They are nothing short of incredible and almost like family. They left no stone unturned and worked relentlessly on his case. My son is now a free man and able to move forward with his life. Thank you all for everything you have done. You are the best!”