Are Criminal Records Public In Oregon?

According to the Oregon Public Records Law, criminal records in the state are considered public information. The law allows all Oregon residents to request for and obtain criminal records for all persons in the state, from the state authorities that issue and maintain these records. However, while anyone may request a comprehensive personal criminal record, note that information accessible by third parties is limited, without the person’s written consent. Criminal records are obtainable from the Oregon State Police (OSP), through its Criminal Justice Information Services (CJIS) division.

What Is Included In A Criminal Record In Oregon?

A criminal record is a detailed description of a person’s criminal history in the state. The record contains information about the subject’s encounter(s) with the law when a crime is committed. Criminal records contain information collected from when a person was arrested by a law enforcement officer to the resolution of the case, regardless of how it was resolved. The following are details obtainable on an Oregon criminal record:

• The name of the individual, including all known aliases
• The person’s date of birth
• Physical descriptors of the subject, including height, weight, hair, and eye color
• The dates of all arrests
• The offenses that resulted in the arrests
• The arresting agency for each arrest
• The court of origin for each case
• The disposition for each case, including the sentence, dates of parole, and all applicable parole revocations

How To Look Up My Criminal Records In Oregon?

Oregon criminal records are available with the Oregon State Police (OSP). Requestors may obtain a personal record or a criminal record for another person. Both methods are available by mail and in person. To request a personal criminal history report, complete the Copy of Own Record Request form. Completing the form requires the subject’s last name, first name, middle name, date of birth, social security number, mailing address (street or PO Box), city, and zip code. Also, provide a telephone number and an email address. The request form costs $33.

Requesting a personal criminal history report also requires a complete fingerprint card. Visit the OSP from 8:00 am to 4:30 pm on a weekday to obtain a fingerprint card for $20. Fingerprinting services are also available at a local police agency or a public fingerprinting facility. However, these entities may charge varying fees. Note that the fingerprint card must also include the requestor’s name, date of birth, place of birth, gender, race, and signature. Notarized requests cost an additional $5. Note that requests for personal records may take up to 10 business days for processing.

To request a personal criminal history by mail, enclose the completed request form, the fingerprint card, and a check or money order payable to the Oregon State Police. Send to:

Criminal Justice Information Services Division

Oregon State Police

Unit 11

PO Box 4395

Portland, OR 97208–4395

A requestor may also apply in person for a personal criminal history report. To do so, visit the OSP with a completed copy of the request form and the applicable fee. The OSP receives in-person payments via cash, personal check, and a credit or debit card from Visa or Mastercard.

The OSP also entertains third-party requests for criminal history reports. To request, fill the third-party request form with information about the subject, including the last name, first name, middle name, alias, maiden name, date of birth, social security number, and current or last-known address. The form also requires the requestor’s name, return address, phone number, and email address. A third-party request costs $10, payable by check or money order made out to the Oregon State Police.

The CJIS is required to notify the subject of the record, who has 14 days to challenge the accuracy of the criminal offender information. Also, the CJIS will only make information available if it is less than one year old, and there has been no dismissal or acquittal.

An employer seeking a criminal history report on an applicant is required by law to inform the applicant of the request. The employer must confirm that the applicant was notified, and must specify the channel used to notify the applicant. Also, note that a third-party request for a criminal history report only provides the following information:

• The subject’s name
• The offense(s) that resulted in the arrest(s)
• The arresting agency
• The court of origin
• The case disposition, including all sentences, parole date(s) and parole revocation(s)

Enclose the completed form with a check or money order for the applicable fee, and send to:

Criminal Justice Information Services Division

Oregon State Police

Unit 11

PO Box 4395

Portland, OR 97208–4395

Note that the OSP may take up to ten business days to process a request. Also, third-party reports do not require fingerprints and cannot be notarized. If there is no criminal information available or the record only contains non-conviction information, the requestor will receive a notification that the individual does not have a criminal record.

How To Search Criminal Records For Free In Oregon?

Criminal history reports from the OSP may not be obtained for free. However, the OSP is obliged to consider reducing or completely waiving the fee, if the request serves an identified public interest, or will advance public welfare. Also, note that the OSP will consider the reduction or waiver, against the possibility of an unreasonable burden on the agency’s resources.

Whether or not the requested record will serve the general public interest is not a fixed concept. This means that the balance of public interest is subject to change, depending on new information or current issues in the state. To apply for a reduction or a waiver, complete the Public Interest Threshold Evaluation Form. Fill the form with the date of request, requestor’s name, and information on the requested record. The form also requires the requestor to indicate the possibility of public interest, commercial or private interest, and reasonableness. Note that the decision to grant or deny a fee reduction or waiver will be made solely by the OSP.

How To Search Criminal Records Online In Oregon?

Oregon criminal history reports from the Oregon State Police (OSP) are only available by mail and in person. The OSP does not provide online access to criminal records. However, interested persons may find criminal case files via the Oregon Judicial Department Online Records Search. Requestors may use the Smart Search to search for records by record number, last name, first name, or middle name.

The smart search also provides additional options to filter search results. These include case type, case status, filing dates, judgment date, and warrant information. Note that this online case information cannot replace an official criminal history report from the OSP.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

How To Get Criminal Records Expunged In Oregon?

According to Oregon Revised Statute 137.225, individuals with criminal records may officially apply to set aside or expunge their records. However, the law prescribes certain requirements an individual must meet to qualify for an expunction. An Oregon expungement is only possible under the following conditions:

• Three years have passed since the date of the requestor’s last conviction.
• For Class B felonies, twenty years have passed since the date of conviction or release from incarceration, whichever one is later.
• The requestor was not arrested during the waiting period.
• The requestor was arrested and charged to court, but the case was eventually dismissed.
• The requestor has satisfied all terms of the sentence, including fines, probation, community service, and other court-ordered obligations.
• The requestor has not had any pending cases or convictions in a criminal or juvenile court, in the ten years preceding the application, except for minor traffic offenses.
• The requestor has not set aside another conviction in the ten years preceding the current application.

The waiting period does not affect persons with dismissed cases. Such persons are allowed to disregard the waiting period and apply immediately after the dismissal. Also, persons who were arrested but never had charges filed in court may only wait one year before requesting an expungement. Note that a requestor who meets all of the above conditions, may still be ineligible for expungement if a conviction was received for any of the following crimes:

• Certain traffic offenses, including driving under the influence and reckless driving
• All sex crimes that require registration as a sex offender
• Any crimes against children
• Assault or abuse of any person 65 years of age or older
• Class A felonies, except offenses related to marijuana

Eligible persons may begin the expungement process by filing a petition in the county court with jurisdiction over the case. Some Oregon courts may provide an application for the requestor to fill. In other cases, the requestor is required to submit a written petition which contains the following information about the requestor and the case:

• Current full name of the requestor
• Date of birth
• Signature
• Dates(s) of arrests(s)
• Charges(s) the arrest(s) were based on
• The arresting agency
• Incident numbers
• Charge(s) that ended in convictions(s)
• Conviction date(s)
• Contact address including city and zip code
• Phone number
• Confirmation that the requestor has fulfilled all sentence requirements

The requestor must file a fingerprint card along with the petition. Note that the filing fee for setting aside a conviction is $80 for most counties. However, requestors are advised to confirm the fee at the court. Note that expunging a non-conviction record does not require any payment.

Also, the requestor is required to send a copy of the petition to the prosecuting attorney. The prosecuting attorney is obligated to inform any victims involved in the case and may also file an objection to prevent the expungement. The court will also consider the victim’s statement before making a decision.

Interested persons are advised to first obtain copies of their criminal records before starting the expungement process. This is because the petition requires requestors to specify the charges or convictions to be expunged. When granted, an expungement order only caters to the convictions specified in the petition. Other eligible convictions may require separate petitions before being expunged.

The expungement process may take up to six months, depending on the case specifics. If the petition is granted, the OSP and all other agencies that maintain criminal records are required to expunge the records. Note that the Oregon State Police may take up to three weeks to comply with the order fully. Requestors may contact the custodian agencies after receiving an order, to confirm the expungement. However, persons are advised to wait a minimum of four weeks before seeking any confirmation of compliance with the court order.

Who Can See My Expunged/sealed Criminal Record In Oregon?

An Oregon expungement order does not destroy the criminal record. Upon receiving the order, all custodian agencies seal the records, making them unavailable for public scrutiny. Persons with expunged records may legally state that the arrests or convictions do not exist. However, these records may still be available under specific circumstances. Oregon law allows for reopening a person’s criminal records if the subject of the record is involved in a civil court case.

For civil cases where truth is an element of a claim, parties to a case may apply to the court for an order to reopen the criminal records. Law enforcement agencies may also obtain access to a sealed criminal record. If a party presents an affidavit which shows good reason, the court may order the record reopened. However, this decision is temporary and does not affect the original expungement order.

Note that several private entities in Oregon run databases with criminal record details. As these entities are private, operators of these databases may not receive a copy of the expungement order, and also may not be required by law to take down the information. Persons that have received a set-aside order may take note of such private entities and contact them with the expungement order. This may ensure more thorough enforcement of the court order.