Will Setting Aside or Expunging a Conviction Allow Me to Pass a Background Check?

Happy Man with Clean Record

After a successful set aside, the conviction is removed from official records and should not show up in a background check. Oregon law allows you to deny the conviction ever occurred, because under the law it is deemed not to have occurred.

While official records can be cleaned up, non-governmental holders of criminal histories, do not necessarily remove from their records information about a conviction. With the proliferation of big data, a few companies have compiled extensive information about individuals that comes largely from governmental data bases, including criminal histories. These “civilian background check” companies might require special attention to ensure an individual’s criminal history is accurate.

When Lohrke Law performs a set aside or expungement, we order an updated background check from the Oregon State Police to ensure the convictions are removed and the information is correct. Often times we have to work with the records department of the Oregon State Police and the court where the expungement occurred in order to ensure the expungement order is properly shared and the criminal record cleaned up.

In general, the expungement process works well and after a successful set aside or expungement, you can pass a background check.