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Am I eligible to expunge my sex offense in Oregon?

In Oregon (as in most states), it is very difficult to remove sex offenses from your criminal record.  The vast majority of sex crimes will stay permanently on your record, regardless of how much time has passed and regardless of the circumstances of the underlying crime.

There are, however, a few exceptions.  

1. You are not required to register as a sex offender

When you are convicted of a sex crime in Oregon, you are required to register as a sex offender.  For serious offenses (like rape of a child), you must register for the rest of your life.  But for less serious offenses, the State may permit you to stop registering.  

Under Oregon law, you are eligible to expunge the following convictions if and only if you are no longer required to register as a sex offender:

  • Rape in the Third Degree
  • Sodomy in the Third Degree
  • Sexual Abuse in the Third Degree
  • Contributing to the Sexual Delinquency of a Minor
  • Sexual Misconduct

You are also eligible to expunge any conviction involving an attempt to commit any of the crimes listed above.

2. You were convicted of a Class C Sex Felony

In certain circumstances, you may be able to remove a low-level sex offense from your criminal record, even if you are still required to register as a sex offender.

Here are the most commonly charged Class C sex felonies in Oregon

  • Rape in the Third Degree
  • Sodomy in the Third Degree
  • Sexual Abuse in the Second Degree
  • Incest (where the victim was under 18)
  • Online Sexual Corruption of a Child in the Third Degree (where child more than 5 years younger than offender)

However, to be eligible to expunge a Class C sex felony, you must satisfy each of the following four (4) conditions:  

  • You were under 16 years old at the time you committed the offense
  • You were less than 2.5 years older than the victim when you committed the crime
  • The victim's lack of consent was due solely to incapacity to consent by virtue of being a certain age
  • The victim was at least 12 years old at the time of the offense

 

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