Oregon Court Records
Oregon Arrest Records
When an individual commits a crime in Oregon, the state's law enforcement agencies are tasked with apprehending and detaining them prior to a judicial proceeding. Following their detention, the arresting agency must record vital information about the arrestee, pertinent details of their offense, and the arrest process. This information is compiled into official documents known as Oregon arrest records.
Arrest records in Oregon usually contain:
- The individual's name
- Date of birth
- Race and gender
- Charges brought against them
- Site where the offense occurred
- Specifics of the arrest, like the time, date, and arrest location.
Oregon arrest records provide an official account of interactions between law enforcement and arrestees. These documents are essential for court cases, sentencing decisions, and criminal investigations. They are crucial for determining a person's criminal history, affecting bail decisions, and directing judges' choices. However, Oregon statutes also strongly emphasize privacy rights, permitting some expungements. Restricted or expunged records lessen the permanent effects of arrests on people's records and encourage rehabilitation and a new beginning inside the judicial system.
On its official website, the Oregon State Police offers a crime statistics report dashboard. This report, submitted as Uniform Crime Reporting Data, details arrest records over a five-year period. Based on this data, 105,105 arrests were made in the state as of 2023, representing a 17.391% decrease from the 125,627 arrests made in 2022. With charges ranging from simple assault (7,681), aggravated assault (3,389), larceny/theft (11,178), DUIs (11,533), and many more, a total of 77,651 males and 27,454 females were detained.
Are Arrest Records Public in Oregon?
Yes, Oregon arrest records are deemed public information under the Oregon Public Records Law (ORS 192.005 to ORS192.170). Hence, they are accessible for public viewing, barring legally specified exceptions.
Every government agency in the state, including local law enforcement, is required under the Oregon Public Records Law to provide arrest records to the public upon request.
The provisions for disclosure of arrest records is not absolute. Where a record is exempt from public access, the only people permitted to access it are the record's subject, their legal representative, or a person with a court order.
According to the Oregon Public Records Law (ORS 192.311 to 192.478), the following are exempt from public disclosure:
- Personal information or other facts related to the arrest may be among the investigative materials withheld to protect the victim or the party making the complaint;
- Arrest Records that the court has set aside;
- Any information provided in confidence, unless it would be in the public interest to disclose it;
- Information report sent to a tip line;
- A law enforcement officer's body cam footage.
What is Included in Oregon Arrest Records?
The following are the main details found in an arrest record for Oregon:
- Personal details about the arrested individual, including name, age, place of residence, employment, marital status, and other relevant biographical data;
- The charges brought against the arrestee;
- The terms of release per state statutes ORS 135.230 to 135.290;
- The name and personal details of the victim and the party making the complaint;
- The nature of the investigation, how long it took to make the arrest, and the investigating agency's name;
- The relevant details include the time, location, resistance, chase, and weapons used during the arrest;
- Information that might be required to mobilize the public to aid in the capture of fugitive offenders.
Find Public Arrest Records in Oregon
Interested members of the public may find public arrest records in Oregon by following these steps:
- Step 1: Since local law enforcement agencies usually generate and maintain arrest records, inquirers must determine what jurisdiction the arrest was made to find its custodian.
- Step 2: The requester can use internet directories or the official website of the relevant law enforcement organization to locate the contact information for that organization (police department or sheriff's office).
- Step 3: Requests may be made in person at specific agencies. If applicable to the office concerned, the requester should proceed to the law enforcement agency's office, identify the records department, and request the arrest record.
- Step 4: If in-person meetings are not possible, individuals might be able to make a written request by sending a formal letter that includes the specifics of the arrest, such as the date, place, and name of the arrested person. Inquirers may also attach a stamped, self-addressed envelope for the response and the requester's contact details.
- Step 5: Requesters must verify any costs involved in getting the record of interest. If so, they should enclose a check or money order payable to the relevant law enforcement organization.
- Step 6: The requester is required to give the agency enough time to handle their request. Processing timelines may differ depending on the agency and type of request.
Certain portions of arrest records may be closed to the public; in such cases, a subpoena might be necessary. A subpoena is an official court document that summons a witness to testify in person and mandates that they present any supporting documentation or tangible proof to the hearing. In Oregon, interested persons may obtain a subpoena by following these steps:
- Before making any requests for restricted or non-public arrest records, inquirers must ascertain if they are legally entitled to do so by speaking with an attorney.
- After working with the lawyer to provide the required paperwork, the next step is to file a lawsuit or take legal action. The lawyer can then request a subpoena if the court grants the request.
- Following the issuance of the subpoena, the requester would have to wait for the law enforcement agency to comply with the court order. The appropriate party, typically the law enforcement agency holding the records, would need to be served with the subpoena using one of the following methods: certified mail or personal delivery by a process server.
- When the data are delivered, the person making the request should check to verify if they contain the information they were looking for and ensure they comply with all applicable laws and regulations about the records they have obtained.
- A witness who appears in response to a subpoena and who is not a party, official, or staff member of the agency shall be compensated with a fee and mileage expenses as specified by law ORS 183.440 (1). According to ORS 44.415(2), the current fees are $5 per day and 8 cents per mile for transportation to and from the hearing. Witness fees are the responsibility of the party making the subpoena request.
- An attorney familiar with Oregon's laws should handle legal processes involving subpoenas to ensure compliance and success in obtaining restricted records.
Notably, to guarantee compliance and the successful acquisition of restricted information, legal procedures, including subpoenas, must be managed by a lawyer versed in Oregon law.
How to Lookup Arrest Records Online in Oregon
There are three main methods available in Oregon for looking up arrest records online:
- Visit the website of the local law enforcement agency that made the arrest. Generally, these agencies make some arrest-related information publicly accessible per disclosure laws. The name of the record holder would be the primary search criterion.
- Go to the Criminal History Records Portal, the state's repository for criminal data run by the Oregon Police's Criminal Justice Information Services (CJIS) Division. There, inquirers can submit a request. Using a fingerprint-based or a name-based search, inquirers may find arrest information on themselves or an individual.
- Use third-party websites that act as repositories for these records. The name and state of the record holder are frequently included in the search parameters required to facilitate a search.
How Long Do Arrests Stay on Your Record in Oregon?
The Oregon statutes provide that an arrest does not have a set period of remaining on a person's record. Instead, it can be sealed or expunged if the legal conditions are satisfied. Records of an arrested individual who was released from custody and found not guilty, for instance, can be expunged as soon as they are dismissed. In contrast, expungement in certain situations, such as a CLASS B felony, can occur 7 years after the conviction date. If it happens later, it will be the day the offender is released from jail that the conviction will be overturned. In addition, 3 years from the date of the conviction or the date the defendant was released from jail are applicable to CLASS A misdemeanor convictions, whichever comes first.
Expunge an Arrest Record in Oregon
Per Oregon Statutes, a person can apply to seal or expunge an arrest if they satisfy the state's eligibility requirements for expungement.
In accordance to ORS 137.255(1)(a) to ORS 137.255(1)(d) expungment can be processed under the following conditions:
- Within 60 days of the state deciding not to pursue a prosecution or contempt proceeding, no accusatory instrument is filed against the arrested person; they can apply to the court in the county where they were detained. This application seeks an order to set aside the arrest record. Moreover, an arrested individual has the right to request the court in the county of their arrest to enter an order setting aside the arrest record after an acquittal or any dismissal other than dismissal.
- If a person is found guilty of a Class B or Class C misdemeanor, they will either be found in contempt of court or released from jail within a year of the conviction or find that they seek to have set aside, whichever comes first.
- For a Class A misdemeanor, the period to seek the setting aside of a conviction is 3 years from the sentence date or the date the individual is released from jail, whichever comes first.
- For a Class C felony, the period to seek the set aside of a conviction is five years from the date of the sentence or the date the offender is released from jail, whichever comes first.
- 7 years after the conviction for a Class B felony, or sooner if the offender is released from jail before the conviction is sought to be overturned.
Persons considered eligible to have their Oregon arrest records expunged may query law enforcement in the concerned judicial district. In most cases, a complete set of fingerprints or a fingerprint card utilizing the FBI standard blue applicant fingerprint card (FD-258) must be sent to the Department of State Police by the applicant. To conduct a criminal record check and provide their fingerprint, the subject must fill out an OSP Request for Set Aside form and pay the department $33.00; this charge must be paid only once, regardless of the number of counties where records are being set aside.
After completing all of the required information, the applicant should mail the packet to Oregon State Police at the following address:
Oregon State Police, CJIS – Unit 11
ATTN: SET ASIDE
P.O. Box 4395
Portland, OR 97208-4395
Various law enforcement agencies across Oregon counties also have specific guidelines that aid their citizens in acquiring expungements, and many of them provide online access to expungement forms and all the necessary information for obtaining them; an example is Lane County.
How Do I Find Recent Arrests in Oregon?
Local law enforcement agencies, including the police and sheriff's office, provide the public with up-to-date arrest records, arrest information, and logs. The arrest and release logs of prisoners are periodically posted on the websites of the majority of these agencies for public viewing. For instance, arrest and release logs published every 24 hours are accessible through Washington County. Other counties, such as Clatsop and Deschutes, also have inmate data on their websites where anyone can view arrest logs.
Are Oregon Arrest Records Free?
Yes. On a local law enforcement department's website, the Oregon public can obtain free information about recent arrests (sometimes known as "arrest logs"). The charge for obtaining a copy of an arrest record or report from these agencies varies depending on the agency. The same rule holds true for getting records from non-governmental or third-party websites: while searching for documents for free is sometimes feasible, the generated records frequently need payment.