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What crimes cannot be expunged in Oregon?

Under Oregon law, you cannot expunge (i.e. remove) certain felony convictions regardless of the facts and regardless of the passage of time.  

1. Unclassified Felonies

The most serious crimes in Oregon are not classified because each has its own maximum sentence, typically life in prison without the possibility of parole.  

Here are the unclassified felonies in Oregon:

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

2. Class A Felonies

You cannot expunge any Class A felony in Oregon (except for two special cases).  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:

  • Manslaughter in the first degree
  • Burglary in the first degree
  • Robbery in the first degree
  • Kidnapping in the first degree
  • Arson in the first degree
  • Assault in the first degree
  • Unlawful manufacturing or delivery of heroin
  • Unlawful manufacturing of oxycodone within 1,000 feet of a school
  • Unlawful delivery of oxycodone within 1,000 feet of a school
  • Unlawful selling of oxycodone to a person under 18 years old
  • Unlawful manufacturing of cocaine within 1,000 feet of a school
  • Unlawful delivery of cocaine within 1,000 feet of a school
  • Unlawful delivery of cocaine to a person under 18 years old
  • Unlawful deliver of methamphetamine within 1,000 feet of a school

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 - Person Felonies

The Oregon Criminal Justice Commission classifies a large number of felonies under Oregon law as "person" felonies, which cannot be expunged.  

Here are some commonly charged Class B "person" felonies:  

  • Manslaughter in the Second Degree 
  • Firearm Use during Felony 
  • Criminally Negligent Homicide 
  • Robbery in the Second Degree 
  • Assault in the Second Degree 
  • Kidnapping in the Second Degree 
  • Child Neglect in the First Degree 
  • Extortion 
  • Abuse of a Corpse in the First Degree

You also cannot expunge any class B felony that involves the use of a firearm.  

4. Most Sex Crimes

Even when Oregon's new expungement law took effect on January 1, 2022, which made it a lot easier clear up your past record, sex crimes are for the most part still off-limits in Oregon.

Under Oregon law, you cannot expunge the following sex crimes regardless of how long has passed and regardless of whether they are classified as felonies or misdemeanors: 

  • Rape in the First Degree
  • Rape in the Second Degree
  • Sodomy in the First Degree
  • Sodomy in the Second Degree
  • Sexual Abuse in the First Degree
  • Unlawful Sexual Penetration in the First Degree
  • Unlawful Sexual Penetration in the Second Degree
  • Online Sexual Corruption of a Child in the First Degree
  • Compelling Prostitution 
  • Encouraging Child Sexual Abuse in the First Degree

You may be eligible to expunge some low-level Oregon sex crimes from your criminal record but only in very unique circumstances.  

A few Class C felonies are on this list, plus you may be eligible if you are no longer required to register as a sex offender.  

5. Class C Felonies - Limited Number

You can expunge most Class C felonies under Oregon law, but there are two (2) important exceptions.  Here they are:

  • Criminal Mistreatment in the First Degree (certain cases)
    • The victim was 65 years or older at the time you committed the crime
    • The offense constitutes child abuse under Oregon law
  • Assault in the Third Degree if the victim was a child 10 years old or less

6. Class A Misdemeanors - Limited Number

You cannot expunge the following Class A misdemeanors in Oregon:

  • Criminal Mistreatment in the Second Degree if the victim at the time of the crime was 65 years of age or older
  • Endangering the Welfare of a Minor when the offense constitutes child abuse under Oregon law

7. DUI and Driving-Related Offenses

Under Oregon law, you cannot expunge any conviction for a state or municipal traffic offense.  

This includes Driving Under the Influence of Alcohol or Drugs and the following offenses:

  • Reckless driving
  • Vehicular Assault
  • Failure to Perform Duties of Driver when Property is Damaged
  • Failure to Perform Duties of Driver when Person is Injured

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