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What convictions cannot be expunged in Oregon?

You cannot expunge or set aside the following felonies in Oregon.

1. Unclassified Felonies

Technically, these felonies are not classified as either Class A, Class B, or Class C felonies each one has its own maximum sentence. 

In practice, unclassified felonies are the most serious offenses in Oregon.  Life in prison without the possibility of parole is the maximum possible sentence for most of these crimes.

Here are the unclassified felonies in Oregon:

  • Aggravated Murder
  • Murder in the first degree
  • Murder in the second degree
  • Treason

2. Class A Felonies

Except for two unique cases, you cannot expunge any Class A felony in Oregon.  Class A felonies carry a maximum possible penalty of 20 years in state prison.    

Here are some of the most commonly charged Class A felonies in Oregon:

Crimes Against Persons 

  • Manslaughter in the first degree
  • Rape in the first degree
  • Kidnapping in the first degree
  • Assault in the first degree
  • Robbery in the first degree
  • Burglary in the first degree

Crimes Against Property

  • Arson in the first degree

Drug Crimes

  • Unlawful manufacture of heroin
  • Unlawful delivery of heroin
  • Unlawful manufacture of oxycodone within 1,000 feet of a school
  • Unlawful delivery of oxycodone within 1,000 feet of a school or selling to a person under 18 years old
  • Unlawful manufacture of cocaine within 1,000 feet of a school
  • Unlawful delivery of cocaine within 1,000 feet of a school or selling to a person under 18 years old
  • Unlawful deliver of methamphetamine within 1,000 feet of a school or selling to a person under 18 years old

Exceptions: Racketeering and Marijuana

There are only two (2) exceptions to the blanket prohibition against expunging Class A felonies.  You are eligible to expunge:

  • Unlawful Racketeering Activity – ORS 166.270
  • Crimes relating to Marijuana – ORS 475B
    • Administering marijuana to a person under 18 years old
    • Arson incident to manufacturer of cannabinoid extract in the first degree

3. Class B Felonies

You also cannot expunge certain Class B Felonies under any circumstances.  Class B felonies carry a maximum possible penalty of 10 years in state prison.  

Crimes Against Persons 

  • Manslaughter in the first degree

Crimes Against Property

  • Manslaughter in the first degree

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