Oregon Arrest Records

An Oregon arrest record is a summary of a person's arrest history. It contains information about the events that occurred before, during, and after an arrest. An arrest record can reveal the details about the offenses for which a person was detained. However, these records are not conclusive proof of guilt.

A typical arrest record contains the following information:

• Identifying information about a suspect, such as the full name, place and date of birth, nationality, age, gender, and other physical traits like height, weight, eye, and hair color.
• The charges against the suspect
• Time, date, and location of arrest
• Information about the arresting officer and agency
• The date and conditions for bail or release, if applicable.

Law enforcement agencies like the county sheriff offices and state police departments are responsible for preparing and maintaining arrest records in Oregon. Persons who wish to obtain arrest records will need to supply the record custodian with basic information about the person of interest and may be required to pay a nominal fee for copying the records.

Are Arrest Records Public in Oregon?

Yes. Arrest records are public records in Oregon unless their disclosure is restricted by law (ORS § 192.345(3)). As such, any interested person can request access to inspect and obtain copies of Oregon arrest records. Nonetheless, not all requests for arrest records are authorized, as some circumstances may warrant the sequestration of certain records.

Common grounds for refusal of public access to arrest records include ongoing investigations, expungements, concern for public safety, and other exceptions specified by state statutes. Individuals other than law enforcement agents or court staff seeking access to restricted arrest records will need a warrant or court order.

How Do I Look Up Arrest Records in Oregon?

Requests for arrest records in Oregon typically go to the arresting agency. This may be the local or state law enforcement agency or a federal agency authorized to make arrests in that jurisdiction.

The Sheriff’s Office or Police Department

The local law enforcement agencies in a county typically have a log of all arrests/bookings that take place within the county. These records may be retained online or on paper at the Sheriff's Office or local police department. Individuals can look up Oregon arrest records by drafting a public records request that includes enough details to facilitate the search. An agency may also have a standardized request form on its website. Completed request forms can be submitted in person, online, or through mail. Note that obtaining copies of arrest records may require paying a nominal administrative fee.

Oregon State Police

The Criminal Justice Information Services (CJIS) Division of the Oregon State Police serves as the custodian of criminal records in the state. The CJIS repository includes information on arrests related to felonies and misdemeanors prepared by local law enforcement agents and documented with the Oregon State Police. Public requests for criminal records can be put forward in person at the CJIS office, online, or via mail.

For online search, interested persons can utilize the Open Records portal to conduct a name-based criminal record search at the cost of $33.00 per search on other persons and $68.00 for a copy of one's criminal record (which includes the fee for fingerprinting and notarization).

On the other hand, in-person and mail requesters are required to complete the suitable request form to access arrest records. The requester may then submit the completed form with a check or money order covering the cost of the request in a self-addressed stamped envelope to the CJIS office via US mail or in person at:

*Oregon State Police – CJIS Division *

Unit 11

P.O. Box 4395

Portland, OR 97208-4395

*Phone: (503) 378-3070. *

The general processing time for record requests sent to the state police department is seven to 14 business days from the date of receiving the request. This processing time includes the time taken to notify the record subject if it is a third party and depends on whether the record subject questions the accuracy of the requested criminal record.

The Criminal Justice Information Services Division of the FBI

Oregon arrest records can also be retrieved from the FBI's Criminal Justice Information Services Division. Record subjects only are authorized to request a copy of their Identity History Summary from the FBI. A nominal fee of $18 is attached to obtaining this record and interested persons can submit requests online or via mail.

County Courthouses

Court staff in a court where an individual was prosecuted may be able to supply basic case and arrest information. Besides most local circuit courts in Oregon maintain a free public access terminal for looking up case information on non-restricted cases.

It is also possible to look up public criminal case records retained by Oregon Courts online via the Oregon Judicial Case Information Network( OJCIN OnLine) or the Free Records search portal.

Free Arrest Record Search in Oregon

Arrest records in Oregon can be accessed for free via the following:

1. Physically inspecting arrest logs maintained by local law enforcement agencies such as the Sheriff's Office or local police stations. Although inspecting records may be free, making copies may attract minor fees for copying the records. Nonetheless, in some cases, the record custodian may waive the stipulated copying fees.
2. The Free Online Records Search button on the Oregon Judicial Department's website.
3. Free public access terminals provided by some county courthouses.

How Long Do Arrests Stay on Your Record in Oregon?

It depends. Oregon statutes do not have a fixed period for retaining an individual’s arrest record. A person's arrest records may remain on the individual's record for life since they are seen as public records in the state. Nevertheless, state laws allow offenders to seal, expunge, or file a motion to set aside an arrest record through the relevant legal process. It is important to note that certain factors, such as internal policies of the arresting agency, type of record, and other legal conditions are capable of influencing an arrest record's retention time.

How to Seal Arrest Record in Oregon

In Oregon, sealing or expunging an arrest record by filing a motion to "set aside" such records. This legal procedure is governed by Section 137.225 of the Oregon Revised Statutes. The types of crimes that are qualified for expungement or setting aside in Oregon are specified in state laws and include:

• Class B felonies, except those that involve the use of firearms
• Class C felonies, misdemeanors, and other classes of felonies with sentences similar to that of a misdemeanor
• Crimes that contravene state laws or local ordinances
• Expungeable infractions perpetrated prior to January 1, 1972.

The following criteria must be satisfied to be eligible for record expungement:

• A period of one year must have elapsed from the date of arrest
• The arrestee was not charged or exculpated of the charges filed
• No new arrests have been recorded for the petitioner within three years of filing for a set-aside
• The petitioner has not been sentenced for a felony, misdemeanor, or infraction in the past ten years, except for traffic offenses
• The individual has no outstanding sentences, probation, or pretrial program.

The steps for filing a "Motion to Set Aside Arrest Record" are enumerated below:

1. Confirm the eligibility of the arrest record for expungement.
2. Obtain the approved rolled FBI standard blue applicant fingerprint card (FD-258). The cost of fingerprinting may vary, but most Sheriff’s offices usually charge $20.
3. Fill out the Oregon State Police form and mail the completed form with the FD-258 fingerprint and money order or check of $33 made payable to “The Oregon State Police” for “motions to set aside arrest record” to the Oregon State Police.
4. Fill out a Motion to Set Aside Form with a signature appended and submit a copy each to the circuit court where the case was decided or would have been decided if a conviction took place and the District Attorney's office. The petitioner may be required to pay a non-refundable fee for filing the Motion to Set Aside.
5. Await a response from the district attorney. The District Attorney is mandated by law to object within 120 days from the date the motion to set aside was filed with a court. If the district attorney does not object within the stipulated time, the court will grant the motion to set aside an eligible record. However, if the district attorney objects, the court will hold a hearing to decide the petition.

Once the court approves the motion to set aside an arrest record the clerk of the court sends a certified copy of the order to the appropriate agencies. These agencies are required by law to seal the records from public access.