SB 420 Marijuana Expungements
Marijuana expungements have gotten much easier in Oregon thanks to Senate Bill 420 (SB 420), which took effect on Jan. 1, 2020. An expungement is a court-ordered procedure that clears a person’s criminal record. When your arrest or conviction for marijuana in Oregon is expunged, it’s like it never occurred. All the court documents are sealed, and the conviction won’t even appear in background checks.
You may also deny you were convicted when questioned about your criminal record when applying for jobs or housing, for example. SB 420 streamlines the process for “qualifying marijuana convictions,” where people have fully completed and complied with their sentence.
The Portland marijuana expungement attorneys at Siefman Law LLC know the ins and outs of Oregon’s marijuana laws, including SB 420. We will take the time to thoroughly review your situation and your legal options. We will sit down with you and help you understand the expungement process and whether or not it is an option for you.
Allow our skilled Oregon criminal defense lawyers to fight for your rights. Call now for a free and confidential case review.
What Is Eligible for SB 420 Marijuana Expungement?
SB 420’s “qualifying conviction” include:
- Possession of no more than eight ounces of usable marijuana
- Manufacture of no more than four cannabis plants
- No more than 16 ounces in solid form and 72 ounces in liquid form of the manufacture, delivery, processing, and possession of cannabinoid products
- No more than 16 ounces of manufacture, delivery, processing, and possession of cannabinoid concentrates
- No more than one ounce of possession of cannabinoid extracts
- No more than one ounce of delivery of usable marijuana
Convictions that qualify for possession, delivery, and manufacture of cannabis, cannabis concentrates, and cannabis extracts are a bit more complicated because these convictions must meet the strict requirements. Cases not eligible for expedited expungement under SB4 20 include delivery to minors, substantial quantities, and a commercial drug offense. Contact Siefman Law LLC now to see if you qualify for a marijuana expungement under SB 420.
How Did SB 420 Streamline the Process of Marijuana Expungement?
SB 420’s streamlined process includes:
Waiver of court filing fees
SB 420 gets rid of the $281 court filing fee, the $80 Oregon State Police fee, and having to go get your fingerprints taken. Therefore, you simply have to sign the motion and have the affidavit notarized.
No background check
Unlike a normal expungement, there are no background checks.
Eliminates timing restrictions
SB 420 also gets rid of time restrictions associated with filing an expungement motion. Under SB 420, the motion can be filed at any time after the “judgment of conviction for a qualifying marijuana conviction.” ORS 137.225, the state’s general expungement statute, requires that an individual must not have other convictions in the last ten years. SB 420 eliminates that requirement. Therefore, even if you had other convictions in the last ten years, you are still able to have your marijuana conviction expunged.
Limits the DA to 30 days to object
Under SB 420, the District Attorney has 30 days to reject the marijuana expungement. If the DA doesn’t object within 30 days, the court may go ahead with granting the expungement. This is much faster than normal expungements, which could take up to six months to complete. Therefore, the DA cannot hold you in purgatory as they do in normal expungements.
What if I have a marijuana conviction that is not covered by SB 420?
As outlined in Siefman Law LLC’s video on this topic, B felony possessions were already expungeable through the normal expungement process. You might be able to expunge other A or B marijuana felony convictions. It’s a two-step process. The first step is to reduce that A or B felony to either a lower felony, a C felony, which is expungeable, or a misdemeanor, which is also expungeable.
This process is outlined in ORS 137.222. The marijuana crime for which you were convicted has to have been reduced by law. The vast majority of marijuana convictions have now had a reduction in the classification of what type of crime they are. For instance, you could have been convicted of delivery of marijuana to a minor. This delivery would have been an A felony. This conviction is now either a C felony or even a misdemeanor, depending on the quantity that was delivered. Thus, you could reduce that A felony to a C felony or even a misdemeanor.
Following this reduction, your expungement follows the normal process outlined in ORS 137.225. Unlike an expungement under SB 420, you still have a waiting period of either three or ten years, depending on the circumstances of your case. You also have the fees to the court and the background check to the state police.
Contact an Oregon Marijuana Expungement Lawyer
If you have been convicted of marijuana possession, manufacture, delivery, or another related charge, the Portland criminal defense lawyers at Siefman Law LLC are ready to help. Our skilled legal team will be with you throughout the process, informing you of all of your rights and options. Siefman Law LLC has a proven record of success and plenty of positive client testimonials.
Our Portland marijuana expungement attorneys have successfully handled hundreds of marijuana expungement cases. Determining whether or not you may have a marijuana conviction expunged from your record depends on the facts of your case. This is why you need the help of an experienced attorney to determine your eligibility for marijuana expungement under SB 420.
We are prepared to speak with you to hear your story and determine if clearing your record is an option for you. Call now for a free, no-obligation case review, during which we can discuss your options.