How Can I Make Sure That My Expunged Conviction Won’t Show Up In A Background Check?

You’ve done everything you are supposed to.  You stayed out of trouble, filed for expungement and had your motion to set aside granted.  But how do you make sure that your expunged conviction still won’t continue to haunt you?

The internet has brought many good things but one of its downsides are the thousands of unregulated, private background checking companies who maintain their own databases, sometimes containing convictions that have been set aside.  Sometimes, these convictions that were supposed to be sealed and removed from a person’s background can still show up in background checks despite the court order expunging it.  For too long, there was little that could be done.

Thanks to the work of the Sargent Shriver National Center on Poverty Law there is now a way to make sure that your expunged record is removed from most background check databases.  Due to lawsuits filed by attorneys like Sharon Dietrich with Community Legal Services, background check companies are beginning to take seriously their responsibility to make sure their databases and the reports they provide are accurate.  That includes removing expunged or set aside records from their databases. 

Due in part to lawsuits such as Giddiens vs. LexisNexis by Community Legal Services, background checking organizations have begun cooperating with a free service through the Foundation for Continuing Justice.  If you have an expunged conviction, click on the below link and fill out their form to ensure that your set aside conviction doesn’t continue to hold you back despite your best efforts. 

https://www.continuingjustice.org/our-projects/criminal-database-update/

If you are looking to figure out whether or not you can expunge your Oregon arrest or conviction, use our free questionnaire to determine your eligibility and receive a response from an Oregon attorney. 

https://www.clearmyrecordoregon.com/

What an Oregon Resident Convicted of a Crime in NJ Should Know

Criminal convictions can follow a person across state lines and have just as much impact on their life as ones that occur in their home state. For example, a conviction for a crime in New Jersey can show up on a background check for a job application in Oregon. As such, Oregonians who are arrested for a crime while in New Jersey may want to consider when and how they can have their arrest and criminal records expunged. Like Oregon, New Jersey offers individuals the chance to have their records cleared if they meet certain criteria. What follows is an explanation of the expungement process in New Jersey and how it compares to the process in Oregon.

Expungement Qualification in New Jersey

In order to qualify for an expungement in New Jersey, a person must not have been convicted of more than four disorderly persons offenses or one felony and three disorderly persons offenses. In addition, there is a waiting period of 5 years (6 if convicted of a felony) from the completion of any sentence, including incarceration, parole and payment of fines.

So long as the person meets this criteria and is not convicted of another crime during the waiting period, he/she should be able to file to have the record expunged.

By contrast, to expunge a record in Oregon requires a waiting period of three years after the conviction. However, within the last 10 years a person cannot:

●      Have any other pending criminal cases, including cases in other states.

●      Have been convicted of any other crimes that are ineligible for expungement.

●      Have already had parts of his/her record expunged.

Expungement Process in New Jersey

In Oregon, filing for expungement is as simple as filling out the appropriate form and submitting the requisite paperwork. However, the paperwork is detailed and one small mistake or missing document can lead to a rejected application.

New Jersey’s process is a bit more complex. The person must fill out a petition for expungement, order for a hearing, expungement order, and proof of notice. These must be mailed, along with any supporting documents and the filing fee to court where the person was convicted.

It is always advisable, regardless of which state one lives in, to hire an attorney to help ensure the paperwork is complete and accurate in order to maximize the chances of being granted an expungement.

Crimes that Cannot be Expunged in New Jersey

New Jersey, like Oregon, does not allow individuals to expunge certain crimes. New Jersey will not remove the following crimes from one’s criminal record:

●      Aggravated Criminal Sexual Conduct      

●      Aggravated Sexual Assault           

●      Anarchy

●      Arson

●      Conspiracy

●      Death by Auto           Rape

●      Embracery

●      Endangering the Welfare of a Child

●      False Imprisonment

●      Kidnapping

●      Luring or Enticing

●      Manslaughter

●      Murder

●      Perjury

●      Robbery

●      Treason

Oregon outlines those crimes which cannot be expunged in Subsection 5 of 2017 ORS 137.225, which includes sex crimes, crimes involving children or the elderly, and certain Class A or B drug felonies.

Expunging Drunk Driving Charges in New Jersey

Unfortunately, like Oregon, NJ does not allow the expungement of DWI/DUI offenses, although for different reasons. New Jersey considers drunk driving to be a traffic violation. New Jersey driving records are permanent and those offenses—be they speeding, texting while driving, or DWI—never drop off one’s record and cannot be expunged.

Oregon also does not allow for the expungement of traffic violations, but that is not why driving under the influence of intoxicants (DUII, as the state classifies it) is not expungeable; rather it is because DUII is considered a “counting crime,” in which subsequent convictions result in stiffer penalties.

What Else Can Be Expunged in New Jersey?

Criminal offenses aren’t the only things that are expungeable in New Jersey. The following list shows what else a person can have removed from their record and the respective wait times required before filing to do so:

●      Arrests that do not result in conviction: Immediately upon dismissal of charges

●      Pre-trial intervention and conditional charge programs: 6 months after completion

●      Municipal ordinances: 2 years

●      Juvenile offenses: 3 years

Author Bio

Adam H. Rosenblum, Esq. is principal attorney at The Rosenblum Law Firm, a criminal defense and expungement law firm that practices in both New Jersey and New York. The Rosenblum Law Firm can help Oregon residents expunge or seal criminal convictions in New York or New Jersey.

How to prevent one indiscretion from ruining your life

The Portland Police regularly conduct stings to catch persons responding to escort ads of Craigslist and Backpage.com.  But you can make it so this arrest is just a temporary speed bump on the road of your life. 

http://katu.com/news/local/portland-police-prostitution-stings-now-focus-on-catching-johns

If you are caught in this dragnet, there is a way that you can make it as if the arrest and resulting records are sealed in less than a year.  Of course, you have right to go to trial and to try to beat the allegations.  But if that is not a viable option, the Multnomah County Sex Buyer’s Diversion is a very good option.  The Diversion lasts 6 months, and if you complete the requirements, the case is dismissed.  Unless you have other cases that would interfere, then you are immediately eligible for expungement (which takes an additional 3- 4 months). 

Are you eligible for the Multnomah County Sex Buyer’s Diversion?  Yes, unless you have a prior arrest for a similar commercial sex buying crime.

What does completing the program entail?  Within 6 months you have to 1. Attend the Sex Buyer’s Accountability and Diversion Class, 2. Pay the $1000 fee for the class, and 3.  Remain arrest and conviction free for the 6 month period.

When can I expunge the records of my arrest?   As soon as you complete the program and the case is dismissed.

What if I live in another state?  With a signed waiver of appearance, an attorney can appear on your behalf at your arraignment, plea and the dismissal hearing.  The only thing you will have to return to Oregon for is to attend the Sex Buyer’s Accountability and Diversion Class. 

Please feel free to contact me with questions at 503-693-8725 or at gabebiello@gmail.com

Good luck.

Petition to Restore Firearm Rights vs. Expungement

As many people learn, a conviction for ANY felony, even something as minor as the possession of a trace amount of a controlled substance, can deny a person the right to possess a firearm for the rest of their life.  It can also expose them to a further felony and prison for the simple possession of a firearm in the future.  Because of this, many people are eager to have the firearm rights, and with it their hunting and self-defense abilities restored as soon as possible.  When they do so, they are presented with the question of whether or not to petition for relief from the firearm prohibition pursuant to ORS 166.274 versus expunging the charges pursuant to ORS 137.225.  In looking at the two methods, it is clear that one should only attempt to obtain relief from the firearm prohibition pursuant to ORS 166.274 if they are not eligible to expunge their felony conviction(s) in the near future.  Expungement is the better way for the following reasons:

First and most obviously, relief from the firearm prohibition only gives you your firearm rights back while expungement has the added benefit of clearing the conviction(s) off your record.  Thus, not only does it expungement restore your right to hunt, target shoot and protect yourself and your home, but it also removes a roadblock to housing and employment in the future.

Second, expungement is much easier to obtain.  In most cases, the Courts have little discretion to deny an expungement motion if you are statutorily eligible.  That is not the case when seeking relief from the firearm prohibition via ORS 166.274.  Under that statutory scheme, the burden is on YOU, to prove by clear and convincing evidence that you don’t present a danger to yourself of the community.  Even though that may be true, few judges are willing to put their name on an Order giving gun rights back to someone convicted of a felony unless they HAVE TO.  That is what they are generally required to do under the expungement statute.  In addition, the process to petition the Courts for relief is much more exhaustive, expensive and time consuming, all with less chance of success.  

Third, expungement is a traditionally accepted means of restoring firearm rights under Federal Law while the status of relief from the firearm prohibition pursuant to ORS 166.274 under Federal Law is less clear.  

In conclusion, the only time where one should seek relief from the firearm prohibition pursuant to ORS 166.274 is when a person is not eligible for expungement and won’t be in the near future.  These situations can be when the person has a conviction for an A felony, a non-expungeable B felony, a traffic crime felony, or they can’t wait until they are eligible for expungement.  Just know, when ask a Judge to restore your firearm rights, you are facing an uphill struggle.  

The information on this site is not, nor in this email should it be considered legal advice.  By submitting your information on this website, you consent to the Law Office of Gabriel Biello and its employees contacting you about your inquiry.  However, this website and its content, and communication through any of its forms or other means of contact does not create an attorney client relationship with the Law Office of Gabriel Biello. 
 

First Step Toward Expungement in Multnomah County

Before you file for expungement under ORS 137.225, you must make sure you have paid off any fines associated with the conviction being expunged are paid in full. In many counties, that includes making sure you don’t owe any money at all to the State of Oregon, even including unpaid traffic and parking tickets. If the fines you owe in Multnomah County are too high, one good option is Project Second Chance. Project Second Chance is a great organization that exists to help people get a second chance and overcome what, many times, may seem an insurmountable task. By agreement with the Multnomah County District Attorney and the Courts, individuals are able to work off fines through Community Service, some times at a rate as high as $100 per hour.