Can Arrests that Do Not Result in a Conviction Be Used Against Me?

When someone is arrested but not convicted, the relief they feel can be overwhelming. It is unfortunate that most background checks fail to differentiate between an arrest and a conviction. While arrest records cannot technically be used against someone, they are generally considered public information.  Unless they are expunged, arrests are likely to appear on a background check, which can potentially hurt one’s chances to get a job, attend secondary school, work with children, or rent an apartment. 

When Can My Arrest Record Be Expunged?

If you have been arrested, but charges were not filed in court, a one year waiting period is necessary before you can petition for expungement of the arrest record. If the arrest did result in charges being brought, but the case ended in an acquittal or dismissal, the defendant may apply for expungement immediately. The person in question should apply for expungement of the arrest record as soon as they are eligible to do so. 

Is My Arrest Record Eligible to Be Expunged?

All dismissed arrests in the state of Oregon are eligible for expungement, but the person petitioning for expungement must not have had a non-traffic arrest in the previous three years, or a criminal conviction within the last ten years. 

By having the record of the incident expunged, a person may legally state that they have never been arrested, and because arrests can generally be set aside for little or no cost, expungement of arrests can be a cost-effective way to clean up your criminal history. Call Lohrke Law today for a phone consultation with one of our experienced legal experts to discuss the expungement of your arrest record.

This Information is not Legal Advice

The information provided here is not intended to be a substitute for one’s own legal research or the advice of a qualified criminal defense lawyer. Laws and the interpretation of those laws are subject to change at any time, so what was applicable one day may be completely different the next. Legally, each individual case is different and a legal strategy used for one defendant may not be the best course of action for another. Contact an experienced rights restoration lawyer to discuss and understand your particular legal situation.