B felony expungement

OREGON’S BALLOT MEASURE 110 – PART 2

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Before Measure 110, possession of a personal amount of drugs was classified as an A misdemeanor for Schedule 1-3 Controlled Substance. 

Measure 110 reclassifies possession of a personal amount of any of these drugs as a Class E violation.

What is a personal amount?  The amounts depend on the drug and are listed in the summary below: 

Schedule I Controlled Substances

   LSD  – Less than 40 units

   Psilocybin or psilocin – Less than 12 grams

Schedule 2 Controlled Substances

   Methadone – Less than 40 user units

   Oxycodone –  Less than 40 pills, tablets, or capsules

   Heroin – Less than 1 gram

   MDMA – Less than 1 gram or less than 5 pills, tablets, or capsules

   Cocaine – Less than 2 grams

   Methamphetamine – Less than 2 grams

Possession of more than the amounts listed above is a Class A misdemeanor.  Class A misdemeanors are punishable by a maximum 364 days jail and a maximum $6,250 fine. Misdemeanor convictions are eligible for expungement 3 years from the date of conviction, assuming the person otherwise qualifies.

If the Possession constitutes a Commercial Drug Offense, the offense is a Class B felony for drugs listed in Schedule 1 and a Class C felony for drugs listed in Schedule 2.  Class C felonies are eligible for expungement 3 years from the conviction date, assuming the person otherwise qualifies.  Class B felonies are eligible for expungement 20 years from the conviction date if the person meets the strict criteria discussed earlier.              

CHANGES TO OREGONS EXPUNGEMENT LAW MEAN POSITIVE CHANGES FOR YOU

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Oregon’s legislators have made some changes to ORS 137.225, commonly referred to as the expungement statute. So what’s the big news? More people than ever are now eligible to move forward with their expungements. Having a clean slate can positively affect someone’s work, family, and emotional life.

Most of the changes are positive, and all changes go into effect January 1, 2016.

Let’s start with the good stuff:

  1. Convictions for B Felony drug possession crimes will now be eligible for expungement without having to wait 20 years. This covers people convicted of possessing heroin, LSD, MDMA/ecstasy, psilocybin, and other schedule 1 controlled substances.
  2. Allows one non-traffic violation conviction without re-tolling the ten year waiting period for an expungement. This means that someone with an eligible misdemeanor or felony conviction and a violation conviction can have the misdemeanor or felony expunged now, rather than waiting 10 years from the date of the violation conviction. What is a non-traffic violation? Some examples are: nonpayment of trimet fare, theft or other misdemeanor reduced to a violation, pcs less than an ounce.

Here’s the not-so-good stuff:

  1. If the probation was revoked for non-compliance the waiting period to apply for expungement is now ten years from the date the probation was revoked.
  2. Prohibits expungement of Assault III if the victim was under ten years old at the time of the offense.

Overall, this is good news. The numbert of people who are now free to move forward with their expungements far outweighs those who are now ineligible or are required to wait a longer term before expungement. Have questions about your own case? Ready to make a fresh start in 2016? Give me a call; I would love to help.