Felonies, Misdemeanors And Infractions in Oregon

Crimes in the state of Oregon are generally classified as felonies and misdemeanors (ORS 161.515). The criminal justice system categorizes offenses as infractions, misdemeanors, and felonies, with felonies being the most serious and carrying comparatively harsher punishments. Oregon’s revised statutes lay out the definitions, penalties, and sentencing guidelines for each offense category. In summary, crimes in Oregon are categorized and tried accordingly. In addition to record classifications, Oregon statutes of limitations define the time period during which the state may pursue a case.

What Is A Felony In Oregon?

In Oregon, felonies are serious crimes that are punishable by more than one year of imprisonment in a state prison. Felonies are the most serious crimes in the state, ranking higher than misdemeanors. In terms of penalties, felonies carry the harshest punishment (sentencing and fines) compared to misdemeanors. There are four classes of felonies in Oregon (ORS 161.535):

• Class A felonies: Offenses in this category carry penalties of up to 20 years in state prison, fines of up to $375,000, or both prison terms and fines (ORS 161.605, ORS 161.625). Manslaughter in the first degree is a Class A felony in Oregon. (ORS.163.118).
• Class B felonies: These are offenses punishable by a prison term of up to 10 years, a fine of $250,000, or both. Criminally negligent homicide is a Class B felony in Oregon (ORS 161.605, ORS 163.145).
• Class C felonies: This category comprises the least serious class of felonies in Oregon. Convicted persons may be sentenced to a maximum prison term of five years and expected to pay a fine up to $125,000 (ORS 161.605). Purchasing sex with a minor is a Class C felony in Oregon (ORS 163.413).
• Unclassified felonies: Some felony crimes in Oregon are unclassified and are punishable by penalties specified in their defining statutes (ORS 161.605). The court typically sets the applicable fines in accordance with the statutes. Aggravated murder is an unclassified offense, and it is punishable by fines of up to $500,000. Unclassified felonies are also punishable by prison terms ranging from 30 years to life imprisonment without the possibility of parole, temporary leave, or release.

In Oregon, an individual who gains money or property through the commission of a felony may be expected by the court to pay up to double the amount or the value of the property they obtained through the felony.

Depending on the circumstances of commission, some felony crimes may be punishable under more than one class. Examples of such felonies are inchoate crimes such as attempt, solicitation, and criminal conspiracy. Inchoate crimes are offenses committed in the process of committing another crime. They are acts of indirect participation in the commission of a crime. For example, Solicitation (ORS 161.435) is a:

• Class A felony, if the offense solicited is treason or murder
• Class B felony if a Class A felony is solicited
• Class C felony if a Class B felony is solicited
• Class A misdemeanor if a Class C felony is solicited
• Class B misdemeanor if a Class A misdemeanor is solicited.

What are some examples of felonies in Oregon?

Some examples of felonies in Oregon are:

• Laundering a monetary instrument
• Rape in the first degree
• Sexual abuse in the second and first degrees
• Engaging in a financial transaction in property derived from unlawful activity
• Escape in the first degree
• Bribing a witness
• Perjury
• Rape in the first degree
• Unlawful sexual penetration (first degree)
• Murder and homicide
• Felon in possession of a firearm

In addition to prison sentences and fines, felony crimes carry further consequences that may have long-lasting effects on those convicted. Felons are typically expected to complete a probation program. They lose the right to vote, serve on a jury, or own or carry firearms. They may also be ineligible for affordable housing, college admissions, and jobs requiring professional licenses.

Can I get a Felony Removed from a Court Record in Oregon?

Oregon allows eligible persons to file a motion to set aside (expunction) most Class C and Class B non-person felonies (crimes not committed against a person directly, such as property, drug, or regulatory offenses). Exceptions include most traffic crimes and sex offenses that cannot be expunged, regardless of whether they were felonies or misdemeanors.

Other eligibility considerations include:

• How long has it been since the defendant was arrested or convicted?
• How was their case?
• Have they paid all court fines and fees in the case?
• Their entire criminal history

If the petition is approved, all official records of the arrest and conviction are sealed. Legally, the arrest or conviction is considered not to have occurred, and the record is treated as if it never existed.

Is expunction the same as sealing court records in Oregon?

In Oregon, the state uses the term “set aside” to describe the process of hiding arrests, charges, or conviction records from public view. This system operates like record sealing in other states. The records are removed from public view, but not destroyed (expunction). Once court records have been set aside, the defendant may legally claim that the offense never occurred, except in a few instances (law enforcement or certain government checks).

How Long Does a Felony Stay on Your Record in Oregon?

Until a felony record is sealed or vacated, it remains on a convicted person’s criminal history. This restricts their opportunities, as records of their conviction may be public and appear during official or state-conducted background checks. If someone has a felony conviction on their record, they may be ineligible to vote, serve on a jury, bear arms, or hold jobs that require professional licenses.

What is a Misdemeanor in Oregon?

In Oregon, Misdemeanors are less serious offenses(compared to felonies), punishable by fines and jail terms not more than one year in county jail (ORS 161.615). There are four classes of misdemeanors in Oregon (ORS 161.555):

• Class A misdemeanor: This category is the most serious and consequently carries the harshest punishment. Class A offenses carry a potential maximum jail term of up to 364 days and fines of up to $6250. Offenses designated as misdemeanors without specific class or penalty designations in their statutes are considered Class A misdemeanors. Initiating a false report is a Class A misdemeanor in Oregon (ORS 162.375).
• Class B misdemeanor: These are offenses punishable by up to six months in jail, fines of up to $2500, or both. Carrying concealed weapons is a Class B misdemeanor in Oregon (ORS 166.240).
• Class C misdemeanor: The least serious misdemeanors are class C misdemeanors. They are offenses punishable by up to 30 days in county jail, fines of up to $ 1,250, or both a jail term and a fine. In Oregon, the offense of littering is a Class C misdemeanor. (ORS 164.805).
• Unclassified misdemeanors: These are misdemeanors that are not assigned to classes A, B, or C. Instead, their allowable jail terms and fines are defined directly in the statute that creates the offense. (ORS 161.615(4), ORS 161.635(2)).

What are some examples of Misdemeanors in Oregon?

Some examples of misdemeanors in Oregon are:

Class A Misdemeanor

• Unlawful entry into a motor vehicle
• Unlawful direction of light from a laser pointer
• Endangering the welfare of a minor
• Initiating a false report
• Possession of a false law enforcement ID
• Possession of a burglary tool

Class B Misdemeanor

• Unsworn falsification
• Misuse of confidential information
• Unlawful sound recording
• Animal abandonment
• Unlawful legislative lobbying
• Intentional violation of a restraining order

Class C Misdemeanor

• Third-degree theft
• Abuse of venerated objects
• Encouraging animal abuse
• Misrepresentation of age by a minor

Can I Get a Misdemeanor Removed from a Record in Oregon?

Individuals convicted of misdemeanor crimes in Oregon may file a motion for expunction (ORS 137.225) three years from the date of their conviction if they:

• Have completed all the requirements of their sentence, including probation, incarceration, and any legal fines
• Do not have any pending criminal charges against them
• Have not been convicted of other crimes (excluding traffic violations) in the 10 years before application
• Has not set aside another crime in the past 10 years

Can a DUI Be Expunged in Oregon?

Driving Under the Influence of intoxicants (DUI) is a Class A misdemeanor that cannot be set aside in Oregon. Under ORS 813.010(5)(a), DUI is elevated to a Class C felony if:

• The offense was committed in a motor vehicle.
• The person has been convicted of a DUI three times in the last 10 years.

In addition to other penalties specified by the state’s DUI statute (ORS 813.010), first-offense DUIs are punishable by a minimum fine of $1000. Second-offense DUIs are punishable by a minimum fine of $1,500. For those without a jail term, third and subsequent offenses carry a minimum fine of $2,000.

What constitutes a Violation in Oregon?

Violations in Oregon are offenses so designated by the state statutes. Violations are not punishable by prison terms but by fines. Other penalties, such as community service, may also be imposed as part of a sentence, as an alternative to fines or incarceration, or as a condition of probation. Common examples of violations in Oregon are traffic violations, fish and wildlife violations, and boating violations. Oregon courts do not appoint attorneys or cover legal fees for cases involving violations that require court appearances. However, persons charged with violations may hire legal representation at their own expense.

There are four classes of violations in Oregon:

• Class A violations: The presumptive fine (standard monetary penalty) for Class A violations is $440, and the maximum fine for Class A violations committed by individuals is $2,000 (ORS 153.058).
• Class B violations: These are punishable by a presumptive fine of $265 and a maximum fine of $ 1,000.
• Class C violations: The presumptive fine for Class C violations is $165, with a maximum fine of $500.
• Class D violations: This category of violations is punishable by a presumptive fine of $115 and a maximum fine of $250.

The maximum fine for specific violations is $2,000 or the maximum amount specified in the statute that defines the violation.

What are some examples of Violations in Oregon?

Some examples of offenses classified as violations in Oregon include:

• Unlawfully applying graffiti
• Sale of educational assignments
• Failure to obey a traffic control device
• Violation of the basic speed rule (unsafe speed under conditions)
• Use or consumption of marijuana in a motor vehicle
• Failure to obey one-way designation

Can Violations be Expunged from an Oregon Criminal Record?

Under Oregon law (ORS 137.225), interested parties may have violations set aside after a designated waiting period, excluding traffic crimes. In simple terms, traffic offenses, such as DUII (Driving Under the Influence of Intoxicants), are not eligible for expungement. According to ORS 137.225(1)(b), arrests that do not lead to charges can be set aside after one year, while dismissals or acquittals may be set aside immediately.

To qualify for expungement, an applicant is expected to comply with the following conditions:

• The applicant is typically expected not to have been convicted of another crime at the time of filing the motion to set aside.
• In most cases, the applicant is not expected to have had another conviction set aside within the 10 years preceding the filing of the motion.
• A three-year wait period is generally expected for qualifying violations. The applicant must not have been convicted of another crime at the time of filing the motion to set aside.