Understanding the Delay Between Expungement Orders and Record Processing
When a criminal record is expunged in Oregon, the law provides that the individual can legally deny the existence of the case on a background check. However, even after the judge issues an expungement order, it may take several months for the records to be fully processed and removed from background check databases. This delay can cause confusion and frustration, especially for individuals who may be wrongfully suspended from employment due to outdated information.
In this post, we’ll explain the process and offer guidance for people navigating the time gap between a granted expungement order and its final processing.
Why Background Checks Can Show Expunged Cases:
The expungement process in Oregon begins when a judge signs the order to expunge a criminal record. However, it doesn’t happen instantaneously. The order must be processed, which can take several months. During this interim period, even though the case has been legally expunged, it may still show up on a background check.
For example, a client of Lohrke Law was recently wrongfully suspended from employment after an expunged case appeared on her background check. Although the case had been set aside by the judge, it was still listed on the check because the processing had not yet been completed. Fortunately, a Lohrke Law attorney was able to help rectify this problem and the person was reinstated.
Legal Rights After an Expungement Order in Oregon
Under Oregon law (ORS 137.225), once a judge enters an expungement order, the conviction, arrest, or charge is deemed not to have occurred. Legally, a person may answer “no” to any question asking about the conviction or arrest. Even if a background check shows the expunged case, it does not change the legal effect of the expungement. The law stipulates that individuals who have had their records expunged are considered as though they were never convicted.
For example, despite the case showing up on the background check, the employed person above was within her legal rights to deny the existence of the case, as the expungement order made it null and void. Employers or state agencies should not use the appearance of the case on a background check as grounds to take adverse action against an individual.
What You Should Know About Expungement Delays
Expungement orders may take time to process. Although you may have received a signed order from the judge, it could take up to six months—or longer—for it to be fully processed off your criminal record. During this period, you should be prepared for the possibility that your background check may show outdated information. If this happens, it’s important to know your rights and how to address the issue.
During the interim period, the person should generally try to avoid taking actions that result in background checks being run. However, that is not always possible.
How to Handle Wrongful Suspensions
If you find yourself suspended or denied employment due to an expunged case that hasn’t yet been processed, the law is on your side. Contact an attorney immediately to ensure your legal rights are protected. At Lohrke Law, we’ve helped clients navigate these situations and have successfully advocated for wrongful suspensions to be lifted.
Conclusion
While expungement provides significant relief for individuals looking to move past their criminal record, the delay in processing can sometimes lead to confusion and wrongful actions. By understanding your legal rights, you can ensure that your record is appropriately handled, even during the processing period. If you’ve been affected by such an issue, reach out to Lohrke Law for expert legal advice and assistance.