Oregon Arrest Records Search

What is Considered an Arrest in Oregon?

According to Section 133.005 of the Oregon Revised Statutes, an arrest in the Beaver State generally means placing a person under actual or constructive restraint or taking a person into custody to charge them with an office. The state does not consider a 'stop, " as authorized under Section 131.605 of the Oregon Revised Statutes, arrest. As defined by the state, a stop is a temporary restraint of a person's liberty by a law enforcement officer lawfully present in any place.

The legal framework for arrests in Oregon is outlined under Chapter 133 of the state's revised statutes. The state abides by other relevant arrest frameworks, such as the Fourth Amendment, a federal law protecting United States citizens from unreasonable searches and seizures. Some of the actions for which an individual may be arrested in Oregon typically include:

• Engaging in illegal activities, such as theft, assault, burglary, drug possession, or DUI
• Failing to comply with a restraining order, probation conditions, or other court mandates
• Engaging in public disturbances, such as disorderly conduct, public intoxication, or excessive noise
• Interfering with or resisting law enforcement efforts to detain or arrest someone
• Domestic violence
• Violations of probation or parole terms

Arrests in Oregon have specific critical components, such as:

• Custody and Control: When an individual is arrested, they are placed under the legal custody of law enforcement. The person is not free to leave, and the arresting officer has full responsibility for their safety, the safety of the public, and other officers.
• Legal Authority: Generally, an arrest in Oregon generally requires that the individual making the arrest exercise real authority and act within the scope of the state's arrest laws. Section 133.320 of the Oregon Revised Statutes provides for an arrest to be made by qualified persons in the state. A law enforcement officer may make arrests under a warrant or without a warrant, a parole and probation officer without a warrant for violations of conditions of probation, parole, or post-prison supervision, a private person, and a federal officer.

Section 133.235 of the Oregon Revised Statutes provides the legal authorization for an arrest by a law enforcement officer, while ORS 133.310 provides for the legal authority of a law enforcement officer to arrest without a warrant. Among other specific instances where a warrantless arrest is permitted, a law enforcement officer may make one if there is probable cause to believe that the arrestee has committed a felony, misdemeanor, a crime in the presence of the arresting officer, or an unclassified offense for which the maximum penalty allowed under the law is equal or greater than the maximum penalty allowed for a Class C misdemeanor. ORS 131.005 defines probable cause to exist when there is a substantial objective basis for believing that, more likely than not, an offense was committed, and the arrestee committed it.

• Miranda Rights: Upon arrest, officers generally must inform individuals of their Miranda rights before any interrogation begins. This warning, derived from the U.S. Supreme Court decision in Miranda v. Arizona (1966), ensures that individuals understand their right to remain silent and that anything they say may be used in court. They are also informed of their right to legal representation, including the right to have an attorney appointed if they cannot afford one.
• Restraint and Transport: Once arrested, individuals are typically restrained with handcuffs to prevent escape or harm to others. The arrested person is then transported to a police station or detention facility. Transportation ensures their secure transfer to a location where further legal processes may take place. Note that ORS 161.233 permits the use of physical force to restrain an arrestee to make a lawful arrest in certain circumstances, such as when the arrestee poses an imminent threat of physical injury to the arresting officer or a third person.
• Booking Process: After arriving at a police station or detention center, the arrestee undergoes a booking process. This process typically includes taking fingerprints, photographs (mugshots), and personal details. Law enforcement documents the charges against them, secures any evidence taken at the time of arrest, and places the individual in a holding cell pending further proceedings, such as arraignment.

In Oregon, understanding the distinction between detention and arrest is essential for your interactions with law enforcement. Detention occurs when you are temporarily stopped or held by police for questioning, such as during a traffic stop. Police officers only need reasonable suspicion that you are involved in criminal activity to justify a detention.

During detention, you will not be formally charged with a crime, and you are generally free to leave after the brief questioning unless the officer's suspicions escalate. If the officer finds additional evidence or probable cause during the detention, it may lead to an arrest.

On the other hand, an arrest occurs when you are taken into custody with the intent of charging them with a crime. This involves a higher legal standard called probable cause, meaning the arresting officer has enough evidence to believe you committed a crime. Once arrested, you lose the freedom to leave and are transported to a detention facility where you will be formally charged with a crime and booked.

What is Unlawful Arrest in Oregon?

When an arrest is made without a warrant, law enforcement officers must prove that the arrest was made under circumstances permitted by law. Therefore, an unlawful arrest occurs in Oregon if the arrest is made without legal justification or violates the established Oregon laws and procedures.

An Unlawful arrest has one or more of the following elements:

• Lack of Probable Cause: For an arrest to be lawful in Oregon, law enforcement officers must have probable cause to believe that the individual has committed, is committing, or is about to commit a crime. Probable cause is based on the totality of circumstances, meaning officers must rely on facts and evidence that would lead a reasonable person to conclude that criminal activity is taking place or has occurred
• Arrest Without a Warrant: Under Oregon law, warrantless arrests are permitted in certain situations, such as when a crime is committed in the officer's presence or when there is probable cause to believe the person has committed a felony. However, in many cases, especially for offenses not witnessed by the officer, an arrest warrant is required for the arrest to be legal. The arrest may be considered unlawful if a warrant is necessary but was not obtained beforehand.
• Violation of Constitutional Rights: In Oregon, false arrests may occur if an individual's constitutional rights are violated during the arrest process. Like the U.S. Constitution, the Oregon Constitution protects against unreasonable searches and seizures. An arrest made in violation of this protection is considered unlawful. Additionally, Oregon law requires that a person arrested be brought before a magistrate without unnecessary delay (ORS 135.010). If the person is not arraigned promptly, their rights may be violated, potentially rendering the arrest unlawful.
• Racial Profiling and Discrimination: Arrests based on racial profiling or discriminatory practices are unlawful in Oregon. The state prohibits law enforcement from engaging in discriminatory policing, and arrests carried out without probable cause or targeting individuals based on race or ethnicity may lead to claims of false arrest.
• Procedural Violations: Oregon police officers must follow specific legal procedures during an arrest. This includes informing the arrestee of their Miranda rights before conducting custodial interrogations and identifying themselves properly as law enforcement. Additionally, officers cannot detain individuals for an unreasonable length of time without filing formal charges. Violations of these procedures may lead to false arrest claims.
• Mistaken Identity: Arrests made due to mistaken identity or incorrect information are considered false arrests, even if the police officer acted in good faith. In Oregon, if an individual is wrongfully arrested for such errors, they may have grounds for a false arrest claim.
• Arrest Outside Jurisdiction: Oregon law generally restricts police officers from making arrests within their jurisdiction unless specific exceptions apply, allowing an officer to chase a suspect across jurisdictional lines. Hence, if an officer arrests someone outside their jurisdiction without legal justification, the arrest may be deemed unlawful.

The Fourth and Fourteenth Amendments of the United States Constitution protect citizens from unlawful seizures and ensure they are not deprived of their freedom without due process. An unlawful arrest, therefore, may constitute a violation of these constitutional rights. An unlawful arrest may lead to some consequences such as:

• Suppression of Evidence: Per ORS 136.432, a court may not exclude relevant and otherwise admissible evidence in a criminal action because it was obtained in violation of a statutory provision unless the United States Constitution or the Oregon Constitution requires exclusion. However, the Fourth Amendment to the United States Constitution protects citizens against lawful searches and seizures and may lead to the suppression of evidence obtained from an unlawful arrest.
• Dismissal of Charges: Unlawful arrests may lead to the dismissal of criminal charges. The charges may be thrown out if the court determines that the arrest was conducted without proper legal grounds.
• Civil Rights Lawsuits: A person unlawfully arrested may file a civil lawsuit against the arresting officers and their department under state law or federal law, such as a claim under 42 U.S.C. § 1983 (for civil rights violations). This could result in financial compensation for damages arising from the unlawful arrest.

Are Arrest Records Public in Oregon?

In Oregon, the Oregon Public Records Law generally grants the public the right to access information on arrest records, among other records maintained by government agencies. Under Oregon law, arrest records are generally considered public, but there are important exceptions and restrictions to protect sensitive information and individuals' rights.

Some of the publicly accessible information in Oregon arrest records typically includes:

• The arrestee's full name and date of birth
• The arrestee's age and address at the time of the arrest
• The arrestee's gender and ethnicity
• The date, time, and location of the arrest
• The charges or offenses the individual was arrested for
• The arresting agency
• A description of the crime or alleged offense

However, sensitive information, such as Social Security numbers, financial data, and other private details, is redacted from public arrest records. Oregon law also includes specific provisions for withholding certain arrest-related information, especially when disclosure could harm an ongoing investigation or violate privacy protections. Also, any information provided in confidence (unless it is in the interest of the public) and arrest records that have been set aside via an Oregon court order are inaccessible to the public.

To protect the privacy and safety of persons who have not been convicted of a crime, mugshots are no longer released to the public in Oregon. Under House Bill 3273, which limited the ability of law enforcement agencies to release mugshots, booking photos may only be released to the public in limited circumstances. Such circumstances typically include:

• To the individual depicted in the mugshot
• To a party in a criminal proceeding resulting from the arrest during which the mugshot was obtained
• To another law enforcement agency, or a law enforcement officer employed by another law enforcement agency, for a law enforcement purpose
• To the public, if the law enforcement agency determines that there is a law enforcement purpose for the release, including but not limited to assistance with the apprehension of a fugitive or a suspect in a criminal investigation or the identification of additional criminal activity

What are the Types of Arrest Records in Oregon?

Arrest records in Oregon are generally accessible at county and state levels through various law enforcement agencies. County-level records are often available through local police departments and sheriff's offices. These records typically contain information about specific arrests within the jurisdiction of the particular county or law enforcement agency. They include details of a specific arrest, such as the individual's name, date of birth, the charges, the arresting agency, and the date and location of the arrest.

State-level arrest records contain more comprehensive criminal history information, such as arrest information and conviction data. This information is maintained via a centralized repository of criminal history data by the Criminal Justice Information Services (CJIS) Division of the state police.

Where are Arrest Records Kept in Oregon?

The following agencies typically keep arrest records in Oregon:

• Local County and Law Enforcement Agencies: Local police departments and county sheriff's offices typically maintain records of arrests that occur within their jurisdiction. These records typically include details of specific arrests, such as the arrestee's name, date of birth, race and physical description, date and location of the arrest, charges filed, and the arresting agency.
• Oregon State Police: The Oregon State Police (OSP) maintains a centralized database of arrest records as part of its Criminal Justice Information Services (CJIS). These records typically include statewide criminal history reports (also known as RAP sheets), which provide detailed information on all arrests, charges, court dispositions, and convictions in Oregon.
• Oregon Courts: Oregon courts maintain records related to the legal proceedings that follow an arrest, typically including arrest warrants and bench warrants issued by the court, court filings, indictments, case dispositions, sentencing information, and records related to arraignment, bail, trial, and conviction.
• FBI: Federal agencies like the Federal Bureau of Investigation (FBI) maintain a national database of arrest records related to the violations of federal laws in Oregon and fingerprint-based records submitted by the Oregon State Police. The arrest records maintained by federal agencies include records of arrests made by the Drug Enforcement Administration and the Immigration and Customs Enforcement.
• Correctional Facilities: State and federal correctional facilities in Oregon maintain records of inmates in their custody, including arrest information that led to the conviction of inmates in detention facilities. For instance, the Oregon Department of Corrections (ODOC) maintains records of individuals who have been convicted and are serving time in state correctional facilities. Also, the Federal Bureau of Prisons (BOP) maintains records for individuals incarcerated in federal correctional facilities in Oregon.

How To Find Public Arrest Records in Oregon?

You may find Oregon arrest records in the following ways:

• Visiting Local Police Departments and County Sheriff's Offices: Arrest records may be accessed directly from local police departments and county sheriff's offices. These agencies are typically the first point of contact for persons looking to obtain records about a specific arrest. The first step to obtaining an arrest record via this means is to determine the agency with jurisdiction over the arrest you want information on. After determining the local law enforcement agency that made the arrest, you may visit the agency's location to request in person. Alternatively, you may check the agency's website to determine whether online access is available to arrest records or whether mail requests are allowed.
• Submitting a Request to use Criminal Justice Information Service of the Oregon Police: Accessing Arrest Record through the Oregon Criminal Justice Information Services (CJIS): The Criminal Justice Information System of the Oregon State Police provides access to criminal history records to authorized persons such as the individuals named on the records, employers, law enforcement agencies, and other authorized parties.

To obtain a copy of your record, you must obtain a properly rolled set of fingerprints using the blue applicant fingerprint card (FD258). Afterward, submit a completed request form, fingerprint card, and payment to the OSP. If applying by mail, send the completed form, fingerprint card, and check or money order (made payable to Oregon State Police) of the applicable fee to:

The OSP offers public fingerprinting services at its Salem General Headquarters. You may visit the location at 3565 Trelstad Ave SE to be serviced from 8:00 a.m. to 4:30 p.m. Monday through Friday, excluding holidays. A valid government-issued photo ID will be required. A fee of $30 is required for public fingerprinting and it may be paid using a check, money order, cash, or any major credit card except American Express. Checks and money orders must be made out to the Oregon State Police. Note that a copy of a CJIS record costs $33. If notary service is requested for the copy obtained, an additional $5 applies per copy.

For additional information on obtaining a CJIS record from the OSP, call the Open Records Unit at (503) 934-2307 or contact the unit by email at Open.records@osp.Oregon.gov.

According to the provisions of ORS Chapter 181A, a person or agency other than a law enforcement agency and a criminal justice agency may obtain Oregon criminal offender information.

To request a CJIS record of another individual under the state's open record policy, submit a completed request form and a check or money order of $33 made payable to the Oregon State Police by mail to:

Only direct payment customers may submit their applications to the address above. Billing customers are required to send their submissions to:

Note that the CJIS Division will provide information on any conviction or arrest that is less than one year old if there has been no acquittal or dismissal in that time. When this information is requested, the Division will notify you. You have the right to challenge the accuracy of the criminal record before it is released. If you do not submit a challenge within 14 days of receiving the notice, the CJIS Division will proceed to send the following information to the requesting person or agency:

• Date of arrest
• Offense for which arrest was made
• Arresting agency
• Court of origin
• Disposition, including sentence imposed, date of parole if any, and parole revocations if any
• Accessing Oregon Court Records: The court system in Oregon also maintains arrest-related records as part of the case records kept by the court. These records include details of the legal proceedings following an arrest, such as charges, court appearances, and case outcomes. You may access arrest records as part of these records by visiting the court clerk's office where a case was filed to make a request. Also, you may use a public access terminal in the courthouse to access case information containing arrest records.

The state also makes case information available for court proceedings online via the Oregon Judicial Case Information Network (OJCIN) portal. To use the OJCIN portal, you must register to create an account and pay a subscription fee to fully access court records via a name or case number search.

• Using Arrest Record Search Services Offered by Third-Party Websites: Arrest records in Oregon may be obtained from third-party websites that aggregate public record information from various sources into a searchable database. These platforms often provide a convenient way to access records but may charge a fee for their services. One reliable third-party site is RecordsFinder, which is generally well-reviewed by users and offers an easy and quick method to search for available Oregon arrest records.

How Long Do Arrests Stay on the Record in Oregon?

In Oregon, arrest records generally remain on an individual's record indefinitely unless set aside (commonly known as expunged) through a legal process. Under ORS 137.225, the state's main expungement law, no provisions are made for the automatic expungement of arrest records. If eligible, individuals must file a motion in court to have their records expunged.

How To Seal or Expunge an Arrest Record in Oregon?

Oregon allows for arrest record relief in certain circumstances. Although many states use the term "expungement" to refer to this form of record relief, Oregon uses the term 'setting aside." The law governing setting aside arrest records or convictions in the state is outlined in Section 137.225 of the Oregon Revised Statutes. Setting aside an arrest record in Oregon means that the record has been sealed and is removed from public access but not destroyed. Once a record has been set aside, it is deemed not to have occurred in the eyes of the law. Consequently, you may swear under oath that you have not been arrested and that every government agency with a record of the arrest is ordered to seal the record from the public. Note that set-aside cases may be unsealed in certain limited circumstances.

In Oregon, a judge's order to set aside a record applies only to the specific case or record you petitioned to have expunged. If you have other criminal matters on your record that you did not petition for expungement or that are ineligible for expungement, those records will remain on file indefinitely unless the law changes or you successfully petition for their expungement. Oregon law does not impose any restrictions on the number of expungements you may apply for, allowing you to file multiple petitions for different eligible cases over time.

The first step in setting aside your arrest record in Oregon is to verify your eligibility for the relief. Typically, whether you qualify for setting aside an arrest record depends on:

• How long it has been since you were arrested
• How your case was decided if the arrest led to a court case
• Whether you owe court fines and fees in the case, if applicable
• Your entire criminal history

Since the rules may appear complicated, you may consider consulting with an experienced attorney and reviewing ORS 137.225 or ORS 475B.401 to determine your eligibility before applying for a setting aside of your arrest record.

You may be eligible to have your arrest record set aside if:

• You have no pending criminal charges; and
• The arrest you want to have set aside is not for a DUII that resulted in the successful completion of diversion; and
• One of the following applies to the arrest you seek to have set aside:
  • No accusatory instrument (charging you with a crime) was ever filed, and at least 60 days have passed from the date of arrest to the date you file the motion to set aside; or
  • You were charged with a crime, but the charges were dismissed, or you were acquitted at trial (found not guilty). If this happens you may file the motion to set aside at any time after the case was dismissed or acquitted; and
• You have not been convicted of a crime (other than a traffic violation conviction or a single non-traffic violation conviction) within the following period:
  • For a motion concerning Class B or C misdemeanors, violations, or contempt of court charges – at least 1 year;
  • For a motion concerning Class A misdemeanors – at least 3 years;
  • For a motion concerning Class C felonies – at least 5 years;
  • For a motion concerning Class B felonies – at least 7 years

Upon determining that your arrest record qualifies for expungement, you may complete a Motion to Set Aside and the Declaration in Support forms provided by the court. You will be asked to swear under penalty of perjury that the information you provide on these forms is accurate. The forms are also available on the Oregon courts website. Ensure that you fill in the county at the top of the first page of each form. Note that your case number is the same as the original case number for the case with your conviction (if you are filing for the setting aside of a conviction record). You may leave the line blank if you never had a court case number. In such a case, the court will create a new case to process your motion. If you are applying for the expungement of an arrest record with no charges filed but do not have an arrest date, use the booking date, citation date, or the date of the incident. If you are filing for an arrest record with no charges filed, you are the plaintiff, and the prosecuting attorney is the defendant. If you are filing for any other reason, you are the defendant, and the State of Oregon is the plaintiff.

Make two copies of each form; one for your records, and one to serve on the prosecuting attorney. After that, you must have your fingerprints taken on a fingerprint card or as specified by the Oregon State Police (OSP). The fingerprints must be sent to the OSP after completion. You will be asked to pay the fee charged by the Department for a criminal record check and complete the OSP's Request for Set Aside form. The OSP will send the results to the prosecuting attorney. For more information on fingerprinting and completing a criminal record check with the DSP, see the criminal justice information service page of the state website.

Next, file the original forms in the county where you were charged or the citation was filed. If you were not charged, file the forms in the circuit court for the county where charges would have been brought. After filing, mail a copy of the Motion and Declaration to the prosecuting attorney. Complete the Certificate of Mailing section on both the copy you intend to file with the court and your copy. Ensure you mail or deliver your motion before completing the Certificate of Mailing. Failure to properly serve the prosecuting attorney may delay your case.

The prosecuting attorney has 120 days from your filing date to notify the court if they object to your motion. If an objection is filed, the court will hold a hearing. Ensure the court has your up-to-date contact information, as failure to appear at a scheduled hearing may result in your request being denied.

If your request is granted, the court will send copies of the order to the relevant agencies. The record of the proceeding will be sealed, making it inaccessible through official court records or by court staff.

You are responsible for ensuring that relevant agencies have complied with the order to set aside your arrest record. Therefore, it is recommended that you follow up with the agencies to confirm that your record has been removed from public access. However, you should wait at least four weeks after receiving your copy of the order before reaching out, as agencies are allowed time to process and comply with the court's directive. Contacting them before this period may result in inaccurate information. If, after four weeks, the agency still has a record of your set-aside arrest or conviction, contact the court, and they will resend the order to the agency.

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