Don't Let Your Past Limit Your Future

Oregon marijuana expungement laws

Felony Marijuana Convictions and Expungement in Oregon

December 21, 2016

By: Leah Stein, Esq. Senior Expungement Attorney, Eastman Meyler, PC.

It has been widely reported that Oregon has recently decriminalized the recreational use of marijuana.  What has gained much less media attention are changes to Oregon law that now permit many Oregonians with prior felony convictions to clean up their criminal records by setting aside most marijuana-related offenses.

In 2015, the Oregon legislature made very significant changes intended to allow most people with Oregon marijuana convictions to “set-aside” or expunge these convictions to remove them from their criminal record.  Specifically, House Bill 3400, (2015 Session) changed which types of marijuana felonies are eligible for expungement, significantly expanding the types of marijuana-related offenses which can be removed from an Oregon criminal record.

Under prior law, a conviction for delivery of marijuana was typically treated as a Class B Felony, and would require twenty years to pass from the date of conviction to become eligible to set-aside or expunge the conviction.  Oregon’s new law now treats this type of conviction as a Class A Misdemeanor for expungement purposes, making it much easier to qualify to remove them from your criminal record.  To be clear, a prior felony conviction would still be treated as a felony on your criminal record under this new law—the consequences of having a felony conviction do not change due to this law.

“Instead, Oregon’s new law makes it much easier to set-aside, or completely remove the conviction by treating the felony conviction as a misdemeanor for purposes of qualifying to remove the conviction entirely from your record.”

This is a very narrow provision of this new law, and often the district attorney’s offices and Judges fail to accurately understand how it operates.  On numerous occasions, our law firm has had to explain how these new provisions operate to both judges and district attorneys.  The law is written in a way that is somewhat hard to understand, and many courts have not yet had these issues come before them.  If you would like more information about expunging an Oregon felony marijuana conviction from your record, take our free expungement eligibility test here or call us.

Comments ( 1 )

  1. […] Colorado, Maryland, and Oregon have already passed legislation to have misdemeanor marijuana charges sealed or thrown out […]

Leave a Comment

 

Recent Posts

AR-15 Gun
What are Red Flag Gun Laws?
August 19, 2019

In the wake of recent mass shootings, lawmakers are considering a push for “red flag” gun control measures. Many Americans are wondering what this means for their Second Amendment rights. Essentially, these are laws that are aimed at removing firearm rights for potentially dangerous individuals. How is this accomplished? Red flag laws would allow state courts to sign a special … Read More>

Marijuana
Illinois to Expunge Thousands of Marijuana Convictions
August 1, 2019

The Governor of Illinois has just signed HB 1438 into law, making cannabis legal in the state for those 21 and older. This makes Illinois the 11th state in the country to legalize the recreational use and purchase of marijuana. Furthermore, the law includes vast criminal justice reform provisions to help those with marijuana-related criminal records. Specifically, it will expunge … Read More>

Disclaimer: The material on this blog has been prepared and is copyrighted by WipeRecord, a division of Eastman, Libersat & Meyler, PC ("WipeRecord"). The material is for informational purposes only and does not constitute legal advice. Information provided by or cited to third parties does not necessarily reflect the opinions of WipeRecord or any of its attorneys or clients. Results of any expungement or restoration of civil and/or firearm rights may vary from case to case. We obtained your email address when you took the eligibility test on our website. Please note that prior results do not guarantee a similar outcome. The choice of a lawyer is an important decision and should not be based solely upon advertisement. Please refer to our website for prices. This is a legal advertisement. If you have already hired or retained a lawyer in connection with your gun rights restoration, please disregard this letter. Our lawyers do not have professional liability insurance.