These tips are intended to educate the reader about areas of the law that make up my practice. I hope this information is helpful and that it increases the reader’s knowledge and understanding of the legal system.
I receive a great deal of phone calls about expungements. The callers invariably ask one or two things: are they eligible for an expungement and how much does it cost. I have written extensively about what crimes can be expunged and when. You should review those tips here and here before calling if that is your question. This tip will deal with the question about what an expungement costs.
First, you will need to pay to get your fingerprints taken. This costs about $20. You must present a fingerprint card with your expungement documents.
Second, if you are moving to set aside a record of conviction, you will need to pay $80 to the Oregon State Police to run your fingerprints. If, however, you are moving to have only a record of arrest set aside, you need not pay this fee.
Third, you will need to pay a filing fee of $250. This is a new requirement. Before about one year ago there was no fee for an expungement. This fee can be waived, however, if you qualify for a waiver due to lack of funds. You must file a petition for waiver with the Presiding Court listing assets and debts if you want to get this fee waived. Generally, if you receive food stamps or other public assistance, you will likely qualify for a waiver.
Fourth, if you hire an attorney you must pay an attorney fee. I charge $400 for an expungement. That is the lowest charge that I know of in the Portland area. If anyone charges less I would like to know it.
These fees total $750 ($500 if filing fee waived) if you are expunging a conviction, $670 ($420 if filing fee waived) if you are expunging an arrest that did not lead to a conviction.
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