EXPUNGEMENT
(The following information pertains to Oregon Arrests and Convictions only. Other laws and rules apply in other states.)
"Expungement" refers to the sealing of the official records of arrest and conviction for certain offenses.
Most people find it helpful to obtain the services of an attorney to file the necessary documents to obtain an expungement.
There are two main reasons to have your record expunged:
First, If a conviction or arrest has been expunged, it means that a prospective employer or landlord will not find a record of that conviction or arrest in a search of court records or police records.
Second, if a conviction or arrest has been expunged it, means that the law permits you to answer "No" to the question "Have you ever been convicted of a crime?" This question is commonly found on employment applications or rental applications, and if your conviction has not been expunged your honest answer will doom your application.
Not all criminal convictions may be expunged. Most sex crimes, for example, may not be expunged. Likewise, most Class A and Class B felony convictions and traffic crimes such as DUII may not be expunged. Most arrests that do not result in a conviction may be expunged regardless of the reason for the arrest.
Waiting periods are required before you file a motion to expunge your conviction. If you have more than one criminal conviction, the waiting period may be longer. Under certain circumstances, no waiting period is required before filing a motion to expunge an arrest.
Certain juvenile delinquency adjudications and arrests may also be expunged, but the time limitations are such that it is important to contact an attorney promptly.
It is important to bear in mind that there are numerous private companies that conduct background checks for employers. Some of these companies maintain their own databases, and these data bases may retain records of convictions and arrests even if those convictions and arrests have been expunged from official government records. It is possible to provide these companies with records of expungement and many of them may purge their records even if they are not legally obligated to do so.
It is also important to bear in mind that often an expungement will not seal a record from a government agency conducting a background check for homeland security, immigration or law enforcement employment or other sensitive purposes.
Types of offenses that may be expunged, depending on the severity and other factors, are: Shoplifting, assault, weapons offenses, disorderly conduct, theft, domestic violence, trespassing, burglary, drug crimes, failing to register as a sex offender, interfering with a police officer, resisting arrest and many other crimes.
If you would like to see if your conviction or arrest can be expunged, give Mr. Bowman a call for a free telephone consultation.
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