Five Things to Know About Expungement and Rights Restoration in Oregon

1. Expungement clears criminal records

Expungement in Oregon is a complete restoration of your rights. Records of the arrest and conviction, including police records, are destroyed and you are allowed to deny the arrest and conviction ever occurred. Only in very limited circumstances can a court reopen a sealed file. If all of your convictions are eligible for the complete restoration of rights that comes with expungement, you will no longer have a criminal record, no longer be a felon, and no longer suffer the consequences of having a record.

2. Expungement is not the only option for Rights Restoration

If you are not eligible for expungement, but you are a responsible citizen, felony records can often be reduced or firearm rights can be restored.

A judge in Oregon can lower most Class C felonies (lower level) to misdemeanors. The process is called felony reduction. Felony reduction is most successful when a person can demonstrate to the judge that their life has changed such that justice is no longer served by the felony conviction. This usually happens by showing compliance with probation and a stable, crime-free life.

A process separate from expungement and reduction is firearm rights restoration. It is a legal process that requires an applicant to prove his case to a judge by clear and convincing evidence. Firearm rights restoration is an option for people who cannot expunge or reduce a felony record, and who can show an established track record of stability and responsibility.

4. Expungement and Rights Restoration are affordable.

Expungement:
The court filing fee for each expungement case is $265. The total fee paid to the Oregon State Police is $100.
The Lohrke Law fees are $625 if no hearing is required and an additional $300 to $500 if a hearing is required before a judge. The all-inclusive cost for an expungement is $990 to $1,490.

If multiple expungements are necessary, the court fees apply to each one. However, the Lohrke Law fee for each subsequent expungement is reduced with the goal of making the whole process as affordable as possible.

Felony Reduction to Misdemeanor:
There are no court fees associated with a felony reduction. However, reductions are more likely to require a hearing. The total cost for Reduction is $650 is no hearing before a judge is required, and $500 more if a hearing is required.

Firearm Rights Restoration:
The court filing fee for rights restoration is $265. The Oregon State Police fees total $22. The Lohrke Law legal fee is $1,450, with up to an additional $500 if a hearing is required. The total cost is $1,727 to $2,227.

5. The total time required is generally from three to seven months.

Expungement:
Expungement requires a nationwide background check that takes several months. An expungement will usually take seven months for the courts, the Oregon State Police, and the lawyers to complete.

Felony Reduction to Misdemeanor:
Reduction will usually take two to three months.

Firearm Rights Restoration:
Firearm Rights Restoration will usually take two to three months.

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