Oregon Arrest Records

Oregon Arrest Records, maintained by law enforcement agencies, are official documents containing information about an individual's arrest and detention history.

These records are available to the public under Oregon Public Records Law. The law provides that all records created or maintained by government agencies are presumed public records unless a specific exemption applies.

Arrest records in Oregon contain a range of information about the arrest and detention of an individual. It includes the name and age of the arrested person, the date and time of the arrest, the arresting agency, the charges filed against the person, the booking number, the mugshot, and the bail or bond amount.

Additionally, these records may contain information about the case's outcome, such as the disposition of charges or the conclusion of the trial.

An arrest record is essential in any criminal case but does not prove guilt. In Oregon, not all arrests result in criminal convictions. Therefore, the state may erase a person's arrest record if they were wrongly charged or acquitted. When convicted, an arrestee's arrest record appears on their Oregon criminal record.

These records can be valuable sources of information for various purposes. For instance, employers may use them to conduct background checks on potential employees, while landlords may use them to screen prospective tenants. Law enforcement agencies and criminal justice researchers may also use these records for statistical and research purposes.

Under the Oregon Public Records Law, anyone can request access to these records. However, certain information in these records may be exempt from public disclosure under the law. For example, personal information such as a social security number or a driver's license number may be redacted from the record to protect the individual's privacy.

What Laws Govern Arrests in Oregon?

Oregon's laws govern arrests, providing guidelines for when and how a person can be arrested. These laws aim to uphold state regulations, ensure public safety, and protect the rights of individuals.

One of the primary laws governing arrests in the state is the Oregon Revised Statutes (ORS) 133.310, which outlines the authority of a peace officer to arrest without a warrant.

This law grants peace officers the authority to arrest a suspected person, regardless of whether or not the crime was committed within their jurisdiction. They can arrest at any time and anywhere in the state, irrespective of the location of the offense.

When making an arrest, a peace officer must inform the subject of the arrest of the officer's authority and the reason for the arrest.

If the arrest is under a warrant, the officer must show the written order unless they encounter physical resistance or other factors that make this impracticable. In such cases, the officer must inform the arrested person and show them the warrant immediately.

Peace officers may use physical force to arrest if justifiable under ORS 161.233 and 161.242. These laws provide guidelines for when a peace officer may use physical force, including deadly force.

Additionally, peace officers may enter premises where they have probable cause to believe the person they are arresting is present. If the person does not admit the officer after they have given notice of their identity, authority, and purpose, the officer may enter the premises by breaking in if necessary.

It is important to note that there are limitations on when a person can be arrested for a violation. ORS 153.039 and 810.410 provide guidelines for when a person can be stopped, detained, or arrested for a violation.

What Is the Arrest Booking Process in Oregon?

Law enforcement agencies in the state perform a standard arrest booking process to document the arrest, gather important information about the individual, and create Oregon Arrest Records.

Though the booking process may vary by jurisdiction, below are the typical steps involved in the arrest booking process in Oregon:

Physical and Personal Information

The first step in the booking process is to collect the physical and personal information of the arrested individual. It includes their full name, date of birth, address, and other identifying information. Police officers also take the person's fingerprints, photographs, and any scars or tattoos for identification.

Criminal Background Check

Once the police officers collect the personal information, they conduct a criminal background check to determine if the arrested individual has any outstanding warrants or prior criminal history. They use the results of this check to determine the filing of the appropriate charges.

Property and Evidence Collection

The next step in the booking process is to collect any personal property that the individual may have on them. It includes items such as wallets, cell phones, and jewelry. The police will also collect evidence of the crime that led to the arrest, such as weapons or drugs.

Medical Assessment and Mental Health Screening

Following the property and evidence collection, the arrested person will undergo a medical assessment to ensure they are healthy and do not require immediate medical attention. The law enforcement agency may also conduct a mental health screening to identify any potential mental health issues that the individual may have.

Temporary Holding

After collecting the necessary information, police officers temporarily hold the arrested person in jail. They will inform the person of their rights and allow them to contact an attorney or family member.

Formal Charges

After the arrest booking process, police officers formally charge the individual with a crime. The charges will be based on the criminal background check results and any evidence collected during the arrest.

Subsequently, the individual will typically undergo additional legal procedures, which may vary depending on the circumstances surrounding the arrest and the severity of the charges filed. These procedures include arraignment, bail hearings, preliminary hearings, trials, and sentencing.

What Are Oregon Mugshot Records?

Oregon Arrest Records typically contain mugshot records, which refer to the photographic images taken during the arrest.

Law enforcement agencies create mugshot records at the time of arrest. They typically include standard information such as the person's name, age, date of birth, physical description, date and location of arrest, and the charge they face.

Any member of the public can obtain these records as they are public records in Oregon. The most efficient way to obtain Oregon Mugshot Records is to contact the law enforcement agency that made the arrest.

Local law enforcement agencies in Oregon may have their records of mugshots and other criminal records. Depending on the agency, these agencies may have particular requirements and procedures for access to these records.

The standard process typically involves submitting a request in person or writing to obtain a mugshot from a local law enforcement agency in Oregon. The request must include identifying information about the individual whose mugshot is requested, such as their full name and date of birth.

The agency may require additional information, such as a valid form of identification or proof of a legitimate reason for requesting the mugshot.

Once the request is received and processed, the agency will typically provide a copy of the mugshot in person, by mail, or through a secure online portal, depending on the agency's policies and procedures.

It is important to note that some agencies may charge a fee for obtaining a mugshot, and there may be restrictions on how it can be used or disseminated.

How Long Does an Arrest Record Stay in Oregon?

An individual's arrest record in Oregon has no fixed duration and can remain on file indefinitely. Since police records are publicly available, they can form part of an individual's official record for an extended period, possibly even permanently. The sole method to remove an arrest record in Oregon from a formal report is through expungement or setting aside the record.

How To Expunge an Arrest Record in Oregon

The ORS 137.225 governs the legal framework for expunging arrest records in Oregon.

In Oregon, expunging a criminal record is commonly called "expunction" or "set aside." If an individual successfully sets aside their Oregon Arrest Records, they will not be accessible to the public, including potential employers.

To expunge an arrest record in Oregon, the individual must first determine if they are eligible for a set-aside.

Suppose one year has elapsed after the arrest or issuing of a criminal charge, and the case failed to proceed to court, or the court dismissed the charge or acquitted the subject. In that case, the person may request an order to expunge the arrest or charge from a court having jurisdiction over the matter.

If the arrest resulted in a conviction, it must not fall under the ineligible conviction types. Additionally, an individual must wait for a minimum of three years from the date of judgment before requesting a conviction to be set aside.

Moreover, if an individual is still under probation, parole, or post-prison supervision, they are not eligible to have their conviction expunged.

Lastly, if a person is convicted of any crime (except for motor vehicle offenses) within ten years of submitting their application, they cannot set their conviction aside.

Once eligible, expunging a conviction or arrest record from a person's record requires filing a Request for Set Aside with the court where the case occurred. If the court grants the set-aside request, it will direct all state agencies to obliterate all existing records.

Following the order's entry, the arrest record will be deemed never to have occurred. Thus, the applicant is legally permitted to respond "no" to any inquiries seeking confirmation of the arrest.

How To Search Oregon Arrest Records

Searches for Oregon Arrest Records should begin with the local police station. Generally, a physical visit or phone call to the police department that made the arrest is preferable.

Additionally, interested parties may contact a bail bonds person. People in this field frequently employ private investigators and other individuals with access to arrest and custody data. This method is possible if a court sets a bail amount for the person's arrest.

Furthermore, the Criminal Justice Information Services (CJIS) Division of the Oregon State Police (OSP) allows individuals to obtain arrest records through a criminal background check.

The quickest method for obtaining a criminal history report from the CJIS is through the Open Records portal. Interested individuals can search name-based criminal records on themselves or others on this platform.

However, obtaining a criminal history report through this portal requires a fee, which differs depending on whether the requester is searching for their criminal record or someone else's.

If preferred, the requester can also submit a request form in person or by mail instead. The CJIS offers distinct request forms for personal and third-party criminal history searches. Afterward, the requester must arrange payment and include the application form in a self-addressed, stamped envelope, which must be delivered in person or by mail to the CJIS address.

For third-party criminal history searches, if the CJIS does not receive any challenges within 14 days of notifying the individual, they will disclose the following information to the person or agency who made the request: