Oregon Criminal Records

Oregon Criminal Records refer to the documents and information collected and maintained by state agencies regarding illegal activity. These records are essential tools that law enforcement agencies, employers, and other entities use to investigate and make informed decisions regarding individuals with criminal histories.

Typically, criminal records in Oregon may contain the following information:

Full name and personal identifying information of the individual
Arrest and conviction records
Charges filed against the individual
Court appearances and sentencing information
Warrant information
Probation or parole details
Fines, fees, and restitution amounts owed by the individual
Details of any offenses committed, including their nature, severity, and date
Jail and prison records
Mugshots and fingerprints

State criminal records are generally public under the Oregon Public Records Law. This law allows anyone in Oregon to inspect and obtain copies of public records held by state agencies, including criminal justice agencies.

However, there are exceptions to this general rule, and certain types of information may be exempt from public disclosure. For example, Oregon law provides that certain juvenile criminal records are confidential, and some information related to ongoing criminal investigations may also be restricted.

What Are the Types of Crimes in Oregon?

In Oregon, individuals can commit different types of crimes, including property, violent, drug-related, and white-collar crimes. Based on the nature and seriousness of the offense, Oregon Criminal Records document these various types of crimes as follows:

Felonies

Oregon classifies criminal offenses with a minimum term of more than one year as felonies. These offenses are severe violations of the state's criminal statute. Similar to other states, Oregon categorizes felonies into various classes, which include:

Class A Felonies

In Oregon, Class A felonies are considered the most serious offenses and have severe legal consequences. Those convicted of this crime may face a maximum of 20 years in prison, up to a $375,000 fine, or both.

Class A felonies in Oregon include first-degree crimes such as kidnapping, arson, assault, and rape.

Class B Felonies

Committing a Class B felony can also result in severe legal consequences. Such offenses are punishable by up to 10 years in prison, a significant fine of up to $250,000, or both. Examples of Class B felonies in Oregon include extortion, possession of child pornography, second-degree manslaughter, and aggravated theft.

Class C Felonies

Anyone found guilty of a Class C felony in Oregon must serve up to five years in prison, pay up to $125,000 fine, or both. Unauthorized use of a vehicle, colloquially known as joyriding, is an instance of a Class C felony in Oregon.

Other Class C felonies in Oregon include third-degree robbery, aggravated harassment, and dog fighting.

Unclassified Felonies

In Oregon, unclassified felonies are subject to specific maximum sentences. These offenses are not grouped into categories; each carries its penalties.

For instance, a person found guilty of aggravated murder, an unclassified felony, may face life imprisonment with or without the possibility of parole or the death penalty. In addition, the offender may need to pay up to a $500,000 fine for this offense.

Misdemeanor

Like many other states, Oregon categorizes misdemeanor offenses into groups based on their severity and associated penalties. Among these categories, Class A misdemeanors are the most serious, while Class C misdemeanors are the least severe.

Class A Misdemeanors

Class A misdemeanors include several criminal acts such as reckless driving, fourth-degree assault, prostitution, and menacing, to name a few.

These Oregon misdemeanors are severe offenses and carry a maximum of 364 days in jail, a hefty fine of up to $6,250, or both.

Class B Misdemeanors

Offenses like harassment, second-degree disorderly conduct, and carrying a concealed weapon fall under Class B misdemeanors in Kentucky and can result in a maximum of six months in jail, a hefty fine of up to $2,500, or both.

Class C Misdemeanors

Those with Class C misdemeanors on their Oregon Criminal Records, such as third-degree criminal mischief, theft of property (less than $100), and failure to carry a driver's license, have served up to 30 days in jail, paid up to a $1,250 fine, or both.

Unclassified Misdemeanors

The Oregon law does not assign a specific misdemeanor class to unclassified misdemeanors. Instead, it imposes a penalty for the offense.

If a statute fails to classify and set a penalty for a misdemeanor crime, then the offense is punishable as a Class A misdemeanor.

How Does Probation Work in Oregon?

Probation is a legal process that allows individuals who have committed a crime to serve their sentence outside of prison under certain conditions. In Oregon, probation is supervised by the Oregon Department of Corrections (ODOC), which oversees a range of services and programs for offenders in the state.

The length of probation in Oregon varies depending on the crime's severity and the sentence's specific conditions. In general, probation in Oregon can last anywhere from six months to five years.

Oregon offers two distinct types of probation: formal probation and informal probation.

In Oregon, formal probation or "supervised" probation is a type of probation that requires regular supervision by a probation officer. Felony cases typically require this probation, which entails the probationer meeting specific conditions such as attending counseling or treatment programs, paying restitution, submitting to drug testing, and refraining from criminal activity.

The probationer under formal probation must also report regularly to their probation officer, who monitors their compliance with the conditions of their probation.

On the other hand, informal probation or "bench" or "court" probation in Oregon is a less formal type of probation than the other one. It is typically imposed for misdemeanor cases or first-time offenders and generally involves less supervision from a probation officer.

Under this probation, the probationer must comply with specific conditions set forth by the court, such as paying fines or restitution, completing community service hours, or attending counseling or treatment programs.

In bench" or "court" probation, the probationer may not have to report to a probation officer regularly, but the court will monitor their compliance with the conditions of their probation.

Violating any of the probation conditions in either type may lead to more penalties or revocation.

How Does Parole Work in Oregon?

Parole is a system used in many states to release individuals from prison before their sentence is complete, with the expectation that they will follow certain conditions in exchange for their freedom.

Individuals sentenced to prison in Oregon typically serve a fixed term, but they may qualify for parole after serving a specific percentage.

The Oregon Board of Parole and Post-Prison Supervision governs the state's parole system. They are responsible for deciding parole eligibility, establishing release conditions, and overseeing parolees.

The Board of Parole makes release decisions for a specific group of individuals, including those convicted of murder, those deemed "dangerous offenders" by the court, and those who committed their crimes before November of 1989.

Before making any release decision, the Board of Parole requires individuals to undergo a psychological evaluation assessing their reoffending risk. Based on the assessment results, other relevant information, and their experience and professional judgment, the Board of Parole makes the final parole decision.

Suppose the Board of Parole grants the offender parole. In that case, they will release them from prison and assign a parole officer to supervise their transition back into society and ensure their compliance with the conditions of their parole.

These conditions may include regular check-ins with the parole officer, drug testing, community service, and attendance at counseling or rehabilitation programs.

If the parolee violates the conditions of their release, the Board of Parole can revoke their parole. If this occurs, the parolee may be returned to prison to continue serving their sentence.

How Does Expungement Work in Oregon?

In Oregon, the procedure for expunging a criminal record is known as "expunction" or "set aside." If individuals set aside their Oregon Criminal Records, these records will not be available to the general public, including potential employers.

However, not everyone is eligible for a set aside in Oregon. The qualifications are stringent, and an individual's record is only suitable if they meet specific criteria. Firstly, the conviction must not be one of the ineligible conviction types.

Additionally, the individual must wait for at least three years from the pronouncement of judgment before they can set aside a conviction.

Furthermore, if an individual is still on probation, parole, or post-prison supervision, they are not eligible to have their conviction set aside.

Lastly, if convicted of another crime (except for motor vehicle offenses) within ten years of filing their application, a person cannot have their conviction set aside.

Expungement Process in Oregon

If an individual concludes they are eligible to have their case set aside in Oregon, they must follow a specific set of steps outlined by the Oregon State Police (OSP).

The first step in the application process is to obtain a complete set of fingerprints using the FD-258. Contact a public fingerprinting service or a local criminal justice agency to learn about these services' availability and the associated fees.

The card must have the required fields completed, including the printed name, the date of birth, and the signature of the person filing the motion. It must also have the fingerprinting official's date and signature. Furthermore, the card must specify the practical reason for fingerprinting.

Then, complete the OSP Set Aside Request Form. To fill out the form, individuals must provide various information accurately. It includes their full legal name, date of birth, mailing address, phone number, and the circuit or municipal court where they seek a set aside.

Finally, deliver the packet to the OSP mailing address provided in the OSP form. Remember that the package must include the completed fingerprint card, OSP Form, and the money order or check for the applicable fee.

The fee comprises the processing for setting aside a conviction and the background checks that the OSP will conduct to verify the request's eligibility.

The Oregon law mandates that the prosecuting attorney(s) for every county or municipality mentioned in the set-aside motion application must receive the background check results. It is worth noting that the OSP will not contact the applicant upon completing the criminal record check.

How To Obtain a Criminal Record in Oregon

Obtaining a criminal record in Oregon is a straightforward process managed by the Criminal Justice Information Services (CJIS) Division of the OSP. Individuals interested in getting Oregon Criminal Records must submit their requests to this agency.

There are three methods for obtaining criminal records from the CJIS: conducting an online search, visiting the CJIS office in person, or submitting a request by mail.

The quickest method for obtaining a criminal record is online searching through the Open Records portal. This platform allows interested individuals to search name-based criminal records on themselves or others.

Accessing a criminal history report via this portal incurs a fee, which varies depending on whether the requester is searching for their criminal record or another person's record. The requester can receive the report via email or postal mail.

Alternatively, the requester may complete the appropriate form for in-person and mail-in requests. The CJIS provides separate request forms for personal and third-party criminal history searches.

Then, the requester must arrange the necessary payment and enclose the application document in a self-addressed, postage-paid envelope, which must be delivered in person or by mail to the CJIS address (see the OSP Request for Set Aside Form for the address).

Processing a criminal record request in Oregon can take up to 14 business days from receipt. It is because the CJIS must notify the third party about the criminal record request.

If the third party does not contest the accuracy of the criminal record, the CJIS will process the request based on the number of submissions received.

What Are the Criminal Background Check Laws in Oregon?

In Oregon, an employer must follow specific laws and regulations to ensure compliance when running a pre-employment background check. Primarily, these regulations include the Fair Credit Reporting Act (FCRA) and the "Ban the Box" law.

The FCRA requires employers to inform job candidates in writing before starting the background screening process. If a third-party background check company is used, the candidate must also receive the company's information in writing.

Additionally, employers must follow specific laws regarding adverse action, which includes sending a pre-adverse action letter to the applicant, giving them a reasonable time to dispute or correct any inaccurate information. The employer must also send the candidate an official adverse action letter if they decide not to hire them.

Furthermore, Oregon is one of the 35 states that implemented "Ban the Box" policies, prohibiting employers from asking about a candidate's criminal background on the job application. Before asking for this information, employers must extend the initial interview or conditional job offer.

Refer to this page for additional information on state laws governing Oregon criminal background checks.