Court Record Relief

Intake Form

An expungement is a legal process that removes a criminal conviction from a person’s criminal record and the public record. The expungement process is governed by State law, so each State has different rules. In Oregon, the expungement process starts with a “Motion to Set Aside” and if that motion is granted, then all official records are sealed.

What is an expungement?

Criminal Record Expungment

  • Due to over policing and disproportionate law enforcement, many Black, brown, and low-income community members are stamped with criminal records that follow them through life and create insurmountable barriers to housing, employment, and education. The CLEAR Clinic provides free criminal record expungement services, currently accessed by less than 7% of eligible Oregonians.

  • If you have been arrested or convicted of a crime, you may be eligible to have your criminal record “cleared” after a certain amount of time has passed. The amount of time depends on the crime.

  • You can fill out our intake form or you can come in person. A member of our team will look up your convictions, determine which are eligible for expungement, then provide you with the necessary forms to file an expungement with corresponding county. You will take some paperwork to a courthouse and mail some paperwork. A member of our team will go over all of the steps with you.

  • Criminal record relief can immediately lift some of the weight of having a criminal history and allow more full participation in society. Once the records are sealed, people can no longer see them. This means the record will no longer appear when you apply for housing, jobs, etc.

SB 819 Applications

  • SB 819 applications are a remedy under Oregon law for people convicted of certain non-expungeable felony charges. An individual must submit an in depth application to the district attorney of the county in which the conviction occurred, asking for reconsideration of the charge in order to have the charge 1) reduced to a lesser charge (so that it is then expungeable) or 2) have the charge dismissed entirely (also making it eligible for expungement), 3) resentencing, and other . The goal is to provide the District Attorney with information and evidence to persuade the DA that the individual's sentence no longer advances the interests of justice.

  • The requirements on whether a charge is eligible varies by county, and based on that we look at whether it may be a good option for them. In general, we review cases for our assistance based on factors such as (1) the person having a significant amount of time without any convictions, and (2) substantial evidence of rehabilitation, showing how the relevant charge does not represent the person submitting this application as to who they are now, and that they have "taken accountability" for the offense at issue. The Oregon Justice Resource Center has a list of county policies for SB 819 petitions.

  • The application varies by county, but generally includes a written analysis of the individual's life before and after the charges, past and current life, and facts of the charge itself. It generally also includes collecting letters of support (reference letters) from people who can attest to the person's growth, credibility, and change. It can also often include collecting records such as disciplinary, treatment, or police records, as well as gathering copies of any meaningful awards, certificates, achievements, etc.

    The application, once completed, is submitted to the District Attorney. If the DA objects, a denial letter will be sent to the individual. Each county has different rules on how long one has to wait before they can apply again. If the DA agrees with the request for reduction or dismissal, a hearing will be scheduled for the judge's approval. If the charge is dismissed or reduced, we can then help submit the paperwork for expungement of the charge immediately.

    We don't have the capacity to help everyone who is eligible, but we are happy to direct people to the resources for completing it themselves. This is a pro se process, although in some cases, we submit a supporting letter and help the individual with the written portion, records requests, and compiling the application.

  • Criminal record relief can immediately lift some of the weight of having a criminal history, and allow more full participation in society. Once the records are sealed, [who] can no longer see them. This means that the record will not longer show up when you apply for housing, jobs, or education.

Intake Form

 FAQs

  • Once an expungement is filed, the district attorney has 120 days to object. If the District Attorney does not object, the court should grant the expungement. However, some counties, such as Multnomah, are taking around sixteen months to process expungements.

  • Once the court grants your expungement, you should upload a copy of the order to the Foundation for Continuing Justice’s website. They will reach out to private background check companies and tell them to update their records.

  • Unfortunately no. We are only licensed to practice law in the State of Oregon. Also, every state has different rules surrounding expungement. If you are looking for non-Oregon expungement, we recommend calling a legal aid organization in the state you were convicted. If you offer expungement services in another state, please let us know so we can send people your way!

  • Nothing! If you want to check your eligibility prior to coming in, you can fill out our intake form.