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Teacher Standards and Practices Commission250 Division Street NESalem OR 97301July 24-26, 2013ITEM:EXPUNGEMENT OF CRIMINAL RECORDSACTION:INFORMATION / DISCUSSION ITEMINFORMATION:What does an expungement or sealing of records mean and how do they relate to TSPC character questions and disciplinary process?OREGON EXPUNGEMENT After someone has been arrested or convicted in Oregon, they worry about how the arrest or conviction will affect their ability to get a job, apply to schools, rent a home, etc. Many times employers, schools, and landlords will want to run a background check before accepting an applicant.People who have been arrested, convicted, or both may desire to “expunge” their record. Expungement of criminal records in Oregon is referred to as “sealing” or “setting aside” a record. If a court seals an arrest or conviction record, the person can, generally, legally state on an application or in response to any question that they have not been arrested for or convicted of that criminal incident.What crimes can be expunged from a criminal record in Oregon?Examples of convictions that can be sealed include:Crimes classified as Class C felonies (but see below)Starting in 2012, many crimes classified as Class B felonies (but see below)Attempted Escape IMarijuana possessionMost Misdemeanors (but see below)ViolationsCrimes committed before 1972 that are now classified Class C felonies, misdemeanors, or violations (but see below)What crimes cannot be expunged from my criminal record in Oregon?Traffic offenses, such as DUII, reckless driving, careless driving, failure to perform the duties of a driver, etc. (Most are found in ORS Title 59). However, traffic offense arrests may be sealed if the case was dismissed (other than through a diversion program) or the prosecutor’s office decided not to prosecute the case.Any unclassified offense Criminally negligent homicide, when it was punishable as a Class C felony (pre-2003)Sex crimesCriminal mistreatment I, when it constitutes child abuseEndangering the welfare of a minor, when it constitutes child abuseClass A feloniesFirearm in furtherance of a felonyClass B felonies that constitute a “person felony”Is it possible to expunge a DUII from a criminal record in Oregon?A conviction for DUII cannot be expunged (sealed). A DUII arrest may be sealed if the DUII charge was dismissed or if the DA’s office chose not to prosecute the case. However, if the DUII was dismissed due to successful completion of a diversion program, it cannot be sealed.How long does one have to wait to expunge a criminal record in Oregon?Convictions: If the Oregon criminal charge resulted in a conviction, you must wait three years from the date of judgment before you apply to have the record expunged. If you are trying to expunge a Class B felony conviction, you must wait twenty years from the later of the date of conviction or the date of release from prison on the conviction you are trying to expunge.Arrests: If no formal charge was brought after an arrest, you must wait one year from the date of arrest to apply to have the arrest record sealed. You cannot have the record expunged if you have been arrested for different conduct (other than a motor vehicle violation), in the three years before filing the motion. However, starting in 2012, if you had an arrest record expunged and then were arrested on another charge within three years of the earlier (now sealed) arrest, you do not have to wait three years to expunge the new arrest.Dismissals and Acquittals: If a formal charge was brought after an arrest, but you were acquitted of the charge or the charge was dismissed, you may apply to have the arrest record expunged as soon as the acquittal or dismissal occurs. However, you cannot have the record expunged if you have been arrested for different conduct (other than a motor vehicle violation), in the three years before filing the motion.What does a sealed or expunged record mean for TSPC’s character questions?The TSPC character question asks: 8. Have you ever been convicted or been granted a diversion or conditional discharge by any court for any: (a) Felony; or (b) Misdemeanor; or (c) Major traffic violation including but not limited to: driving under the influence of intoxicants or drugs; reckless driving; fleeing from or attempting to elude a police officer; driving while your license was suspended, revoked or used in violation of any license restriction; or failure to perform the duties of a driver or witness at an accident? As such, most applicants disclose prior convictions even if they have been expunged. Frequently, the applicant believes their record has been expunged, because they misunderstood the effect of a diversion, conditional discharge or other court action. If the Commission discovers that the record has been expunged, the applicant is advised they do not need to report that particular expunged record in the future.Note the question does not ask if their conviction was dismissed, the question asks if they received a diversion. As you can see from the information in this agenda item, a diverted DUII cannot be expunged.What happens if an educator has been disciplined for criminal activities, but later has the record the discipline was based upon expunged?This portion of the agenda will be discussed with Senior Assistant Attorney General Raul Ramirez at the Commission meeting. ................
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