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A proposed bill could result in thousands of Oregonians getting various criminal convictions expunged.

About The Bill

Legislators in Oregon are considering Senate Bill 697 (SB697), a proposed Clean Slate law that could result in the expunction of hundreds of thousands of criminal records. The bill seeks to allow individuals to request expunction of eligible records under the following circumstances:

• They have completed their sentence.
• If they have a Class B felony, then they must have waited seven years from the date of their conviction or release from imprisonment, whichever is later.
• If they have a Class C felony, then they must have waited five years.
• If they have a Class A misdemeanor, they must have waited three years.
• If they have a Class B or C misdemeanor, they must have waited one year.

Learn more about SB697.

The Expunction Process

SB697 defines a proposed expunction process. An eligible individual would file a motion at the court where their conviction was entered. That will be served to the office of the prosecuting attorney who prosecuted the offense or had authority to prosecute if there was no accusatory instrument filed. The attorney would schedule a hearing and inform any person who was victimized by the crime, if applicable, via a letter that explains an expungement is being considered.

The court would then hold a hearing and permit each victim to make a statement. If the individual who is requesting expunction is found to be eligible, the court will grant their motion. However, the court may also deny a request after considering:

• Whether the person’s behavior indicates they might be a risk to public safety.
• If the person exhibited criminal behavior or violations of regulatory law or administrative rule enforced by civil penalty or other administrative sanction that relate to the character of the conviction sought to be set aside.

Support For SB697

A representative from the Clean Slate Initiative wrote a letter in support of SB697. It said: “The collateral consequences of an arrest or conviction record impact approximately 1.4 million Oregonians. When an individual remains crime-free after a prior arrest or conviction, the perpetual punishment of an arrest or conviction record becomes indecent.”

The letter also expressed that having any type of conviction can be a barrier for people when they are attempting to find a job, housing or education. By offering second chances, such as the expungement of criminal records, the author stated that “nearly every aspect of their life is positively impacted.”

What Employers Should Know

Employers in Oregon should be aware of SB697 and know that if it is signed into law, thousands of residents could have criminal records expunged. When that happens, those records cannot be considered by businesses that make employment or other decisions about consumers.

Second Chance laws like SB697 make it important for employers to only rely on current, accurate background check data. To help accomplish that, employers may work with an accredited Consumer Reporting Agency (CRA) like Backgrounds Online. CRAs take reasonable steps to ensure that their reports have actionable data that help organizations make informed decisions and maintain safe workplaces.

Background Screenings

If your business needs background checks for employment purposes, please contact us. Our highly experienced team can help you customize screening packages that fit your specific needs and industry requirements. We are available to assist you Monday through Friday from 5am to 6pm PT.