Oregon Cannabis Expungement Guide
Discover comprehensive insights into the Oregon cannabis expungement process through these detailed and informative Frequently Asked Questions (FAQ).
How did Oregon handle expungements for cannabis?
The Oregon Cannabis Equity Act aims to expand current expungement statutes and fund automatic expungement programs to help individuals impacted by past cannabis-related offenses.
Senate Bill 420 allows for the filing of an expungement motion at any time following a judgment of conviction for a qualifying marijuana conviction, loosening the previous time restrictions
House Bill 3400 (2015 Session) changed which types of marijuana felonies are eligible for expungement, significantly expanding the types of marijuana-related offenses that can be removed from an Oregon criminal record.
A change in Oregon expungement law in January 2022 under Senate Bill 397 allows individuals who were previously ineligible to expunge their record under ORS 137.225 to now be eligible for expungement. However, only dismissed A Felonies (as opposed to convictions for A Felonies) are eligible to be expunged.
All felonies? Only non-violent?
However, only dismissed A Felonies (as opposed to convictions for A Felonies) are eligible to be expunged. Broadly, the types of convictions that are ineligible to expunge are any Class A felony, person felonies, traffic convictions, and almost all sex crimes.
Were there any crimes related to cannabis that disqualified someone from applying as a social equity applicant?
Nothing within the regulations specifically delineates a disqualifying conviction.
Status of Current Social Equity Program:
Despite the legalization of adult-use cannabis in 2014, there’s acknowledgment from local governments that the state still lacks policies to ensure equity and justice for impacted communities. Programs like the SEED Initiatives and the Cannabis Emergency Relief Fund (CERF) have been created to support economic equity for underserved communities, attempting to fill some gaps in the state’s social equity provisions.
The Oregon Cannabis Equity Act also mentions the allocation of funds to community partners to support land and home ownership and requires cannabis business applicants to include a social equity plan within their applications.
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