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Oregon Expungement Law 2022- New Rules for the New Year

Posted by Brian C. Zuanich | Dec 28, 2021 | 0 Comments

Been thinking about cleaning up your Oregon criminal record?

Restoring your firearm rights?

2022 may just be your year.  

Senate Bill 397 - Oregon Expungement Law Gets a Makeover

On January 1, 2022—that's right, less than a week away—Senate Bill 397 takes effect and ushers in dramatic changes to Oregon's expungement law.

To make a complicated topic really simple—it just became a whole lot easier to remove criminal convictions from your record and restore your state and federal gun rights.

Here are the 4 biggest changes to ORS 137.335, the expungement law in Oregon. 

1. Show Me the Money – Not Anymore

Current Law:  You have to pay a $281 court filing fee before you can file a motion to expunge a criminal conviction in Oregon. 

New Law:  The filing fee disappears.  (You will still have to pay about $80, unfortunately, for Oregon State Police to run a criminal background on your).

2. I owe way too much in fines – you're all good now

Current law:  Prosecutors can object to your expungement motion if you have outstanding legal financial obligations associated with your case, and the Court can deny your motion for that reason.

New law: Prosecutors cannot object to your motion just because you owe money on your case.  More importantly, a judge cannot deny your motion for that reason alone. 

3. I have so many years left before I'm eligible … maybe not anymore

Current law:  You cannot expunge a class B conviction that is less than 20 years old. 

New law:  You are eligible to remove a class B conviction after just seven (7) years. 

Current law:  You cannot expunge a class B or C misdemeanor until three (3) years have passed

New law: You only have to wait one (1) year before you can expunge a low-level misdemeanor

4. I've heard about this 10-year look back rule  … forget about it now

Current law: You cannot expunge any criminal conviction if you have been convicted of a new criminal offense within 10 years of filing your motion

New law:  The so-called 10 year “lookback” provision is gone.  Now it just matters what kind of conviction you have (felony or misdemeanor) and how many years you have to wait before you're eligible for expungement.  In other words, it's all about the future. 

Stay tuned more comprehensive analysis.  In the meantime, feel free to learn more about the expungement and firearms restoration process in Oregon.

About Us: Zuanich Law focuses on expunging criminal records and firearms restoration law in Oregon and Washington.  We also handle family law, criminal and civil appeals, civil litigation, military law, and personal injury law. 

About the Author

Brian C. Zuanich

I am the managing partner at Zuanich Law. I am a former prosecutor and insurance defense attorney, and have practiced law in state and federal courts for over a decade.

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