Oregon Arrest Records

There has been a steady decline in the number of arrests made in Oregon in the last few years. An average of 97,000 arrests are made yearly in the state, according to reports from the FBI's crime data. Driving under the influence (DUI) accounts for about 12.5% of the arrests made in Oregon in the most recent times. As revealed by the FBI's crime data, at least 11.6% of the state's annual arrests are for larceny-theft, 10.3% for simple assault, 4.1% for aggravated assault, 4.1% for disorderly conduct, 2.3% for car theft, and 2.1% for burglary. Several other offenses(except traffic offenses) make up an estimated 36.2% of Oregon's arrests in recent years.

Although Oregon, with 2,406.93 arrests per 100,000 residents, ranks among states with low arrest rates in the United States, its arrest rate is still higher than the national average of 2,181.7 arrests per 100,000 people. Also, two of the state's four neighboring states, Washington and California, have lower arrest rates than Oregon, at 1,711.93 and 2,002.57 arrests per 100,000 total population. However, compared to Oregon, more arrests are generally made in the other two neighboring states, Nevada and Idaho, whose recent arrest rates stood at 3,354.66 and 2,672.47 per 100,000 residents.

What Is an Arrest Under Oregon Law?

Per Section 133.005 (1) of Oregon Revised Statutes, an arrest means placing a person under constructive or actual restraint or taking an individual into custody to charge them with an offense. Constructive restraint generally refers to restricting a suspect's freedom utilizing a command and submission by the suspect to that command. When making a constructive restraint, the person making the arrest must state words of arrest manifesting the reason for apprehending a suspect. On the other hand, actual restraint means restricting a person's liberty by physically touching or making physical contact with someone suspected of committing an offense, usually by tackling, grabbing, touching, or using handcuffs.

Under Oregon's law, as stipulated in Section 161.505 of the state's Revised Statutes, an offense, which is the basis for any arrest, may either be a violation or a crime. A "stop and frisk" is not considered an arrest in the state, although it is authorized under state law. It is only a temporary restraint to ask questions about a crime. Generally, an arrest may be the opening move in a criminal prosecution in Oregon and may either be made with or without a warrant. As authorized by Section 133.220 of the state's Revised Statutes, an arrest may be made by a peace officer, a parole and probation officer, a federal officer, or a private individual.

In Oregon, a law enforcement officer may arrest an individual for a crime, whether or not the crime was committed within the officer's geographical area of employment. However, they can only make arrests within the state's boundaries and are authorized to do so at any hour of the day or night. Law enforcement officers may use physical force as justifiable under Section 161.233, Section 161.242, and Section 161.245 of Oregon Revised Statutes to make arrests.

Type of Arrests in Oregon

In Oregon, an arrest may either be for a misdemeanor or a felony. While a felony is typically a crime punishable by more than one year imprisonment in the state prison, a misdemeanor is punishable by one year or less in a county or municipal jail and/or fines. Generally, arrests in Oregon can be made with or without warrants. In most cases, a peace officer may only make an arrest without a warrant when they have probable cause to believe that a suspect has committed a crime. Under Oregon law, probable cause exists when there are substantial factual grounds for believing that, more likely than not, a person has committed an offense.

The two major types of arrests in Oregon are discussed below:

Warrantless Arrests

These are arrests made without warrants. Generally, law enforcement can make warrantless arrests for offenses committed in their presence and those in which they have probable cause to believe were committed by suspected individuals. Per Section 133.310 of Oregon Revised Statutes, a peace officer may make warrantless arrests under the following conditions:

• The officer has probable cause to believe that an individual has committed any of the following:
  • A misdemeanor or felony
  • An unclassified offense for which the maximum punishment permitted by law is equal to or more severe than the maximum penalty allowed for a Class C misdemeanor
  • Any other criminal offense committed in the presence of the officer
• The officer has probable cause to believe a person charged with an offense and presently released has failed to adhere to a no-contact condition of the release agreement.
• An individual protected by a foreign restraining order presents an electronic or physical copy of the restraining order to the peace officer if the order is the most recent and the officer has probable cause to believe that the person on which the restraining order was served has violated the terms.
• A foreign restraining order has been entered into the databases of the NCIC of the U.S. DOJ or has been filed with a court, and the officer has probable cause to believe the individual to be arrested has violated the terms of the restraining order.
• The officer is notified by telephone, telegraph, radio, or other means of communication by another.

Warrant Arrests

In Oregon, a warrant arrest is generally the kind of arrest made after obtaining a legal document known as an arrest warrant from a magistrate or a judge. Per Section 133.140 of the state's Revised Statutes, a warrant of arrest must be in writing and specify the name of the individual to be arrested. If the suspect's name is unknown, the warrant should designate the person by any description or other name by which they can be identified with reasonable certainty. Furthermore, a warrant of arrest should specify the date of issue and the issuing law enforcement agency.

Generally, an Oregon arrest warrant allows and directs a law enforcement officer to arrest the person named on the warrant and bring them before the judge or magistrate that issued the warrant. While making a warrant arrest in the state, a law enforcement officer may enter any premises in which they have probable cause to believe the suspect is present. They may not need to notify anyone on the premises of their authority and purpose, provided the warrant-issuing judge has approved such authority. When making a warrant arrest in Oregon, the arresting officer must confirm that the person arrested is the same person named on the warrant. In other words, an arrest warrant should be confirmed before serving it.

What Are Oregon Arrests Records?

Oregon arrest records are documents containing information about the arrests of individuals in the state and detention history. They primarily provide official details of all the interactions between arrested persons and the state's law enforcement system. Generally, an arrest record is created when a person commits a crime in Oregon and is apprehended and possibly detained. After making an arrest, law enforcement is expected to record pertinent information about the suspect/arrestee, details of the alleged offense, and other vital details, which typically become a part of Oregon's arrest records.

The following details are often included in a typical Oregon arrest record:

• The full name of the arrestee (person named in the record) and nickname, where applicable
• Gender of the arrestee
• The arrestee's date of birth
• Race
• Physical descriptors of the arrest record subject, such as the weight, height, eye color, and hair color
• Fingerprints
• Mugshots
• The name of the arresting law enforcement agency
• The date, time, and location of the arrest
• The charges filed against the arrestee
• Bail or bond amount

Records of arrests in Oregon are primarily maintained by local law enforcement agencies that made such arrests. Anyone who intends to access publicly available arrest information may contact the law enforcement agency in the custody of such records. Arrest records are a valuable source of information for many purposes. For example, criminal justice researchers and law enforcement agencies may use information in arrest records for research and statistical purposes. Also, arrest records are largely used by landlords to conduct background checks on prospective tenants.

While most people believe arrest records are the same as criminal records, they are different. The most striking difference hinges on the outcome of an arrest. While an arrest record does not necessarily prove guilt or that an individual broke the law. On the other hand, a criminal record may indicate that a person has been found guilty of a crime, especially if the case outcome shows a conviction. It is typically created when someone has gone through the legal system and either found guilty or admitted guilt of a crime. Although they are technically different, arrest records in Oregon are an integral part of the state's criminal records.

How Can Arrest Records Be Accessed in Oregon?

Generally, Oregon arrest records are public documents or information and may be inspected or accessed by interested persons per the state's Public Records Laws. However, there are certain exemptions. According to Section 192.345 of the Oregon Revised Statutes, the record of an arrest may not be disclosed if there is an apparent need to delay disclosure during an investigation, particularly where there is a need to protect a victim or a complaining party. Furthermore, the following information in an Oregon arrest record may be limited from public access:

• An officer's body cam footage
• An arrest record that has been set aside by the court
• Reports obtained from a tip line
• Any other details about an arrest are provided in confidence unless disclosure is in the best interest of the public

Typically, only certain authorized individuals may access arrest records of information exempted from public disclosure. They include the individuals named on the records, their legal representatives, and any other persons with court orders.

Anyone interested in accessing publicly available Oregon arrest records may do so using any of the following options:

Law Enforcement Agencies

When searching for arrest records in the state, the local law enforcement agency offices that made such arrests should typically be the first place to look. Arrest records are primarily generated and maintained by county sheriff's offices and police departments at the local level. An interested person may access their arrest records of interest by visiting the local law enforcement in the custody of that record or by contacting them on the phone.

The Criminal Justice Information Services (CJIS) Division of the Oregon State Police is a central repository for the state's criminal offender information. The division allows interested individuals to find arrest records using name- or fingerprint-based searches, which may either be done in person or by mail. In addition, the CJIS Division maintains an Open Records Portal where members of the public may access records or information about arrests that occurred within the state in the last year. However, there is a non-refundable service of $3 per request for using the Open Records Portal.

Oregon Judicial Department

The state's Judicial Department maintains the Oregon eCourt Case Information System (OECI), which provides online access to publicly available criminal records held by all 36 Circuit Courts within the state. Anyone using the system to find arrest records may extract the required arrest information from the obtained criminal records. Similarly, the Judicial Department's Smart Search System permits arrest record requesters to access criminal records by a record number or name of the record subject.

County Court Clerk Offices

To access an Oregon arrest record from the office of a county clerk, a person must first determine the county where the case containing a criminal record, hence arrest record, was heard. Afterward, they may contact the clerk of the court to find out if the arrest record can be accessed online or if they have to appear in person or send a mail request to access it.

How Long Will an Arrest Report Stay on Your Oregon Records?

An Oregon arrest report will remain on a person's record perpetually unless expunged (or set aside) in line with state law. Generally, if a person is arrested and the District Attorney declines to charge the case, the arrested individual may request a set aside at any time. However, if an investigation is pending, the person must wait one year from the arrest data before they can file for arrest record expungement. In Oregon, if the case of an arrested person was dismissed (including dismissals through diversion, except for DUII charges) or the individual was acquitted, they may request for a set aside at any time.

A person who was convicted of the charge responsible for their arrest in Oregon must generally wait 3 years from the date of the judgment, provided they have complied with all the terms of their sentence and were never arrested within the last 3 years. Compliance with the terms of a sentence includes community service, completing all probation, and paying all required fines. Also, they must not have any other convictions expunged in the last 10 years immediately preceding the filing of their request. Furthermore, such a person must not have any pending criminal cases in any court.

Can You Expunge Your Arrest Records in Oregon?

As specified in Section 137.225 of the Oregon Revised Statutes, expungement is called "setting aside" in the state. Primarily, arrest record expungement is a process that hides a person's arrest records from public view. When a court approves a setting aside request in Oregon, the court seals all official records of such arrests in their custody and directs other listed agencies in the request to do the same. Generally, convictions for Class C felonies, misdemeanors, and certain Class B felonies may be set aside in Oregon. However, there are some exceptions. For instance, child abuse charges and sex offenses may not be expunged. Similarly, state law prohibits courts from setting aside arrests for DUII (Driving Under the Influence of Intoxicants) if the charges were dismissed following an individual's completion of a diversion program.

In Oregon, certain waiting periods apply depending on the offense level of the conviction an individual wishes to have expunged. Under state law, such a person cannot request a set aside until such periods have passed since their most recent release or conviction. The statutory waiting periods are listed below:

• 3 years for a Class A misdemeanor
• 1 year for a violation or a Class B or C misdemeanor
• 7 years for a Class B felony
• 5 years for a Class C felony

To set aside an arrest record in Oregon, an eligible person must complete a Motion to Set Aside Form (Criminal Set-Aside Form) with all required information. The applicant must also get fingerprinted and submit a copy of the fingerprints to the Oregon State Police (OSP). Afterward, they should file the motion with the court and mail a copy of the file to the prosecuting attorney of the case. Generally, anyone applying for an arrest record set aside should file the motion in a court in the county where the arrest was made (if no conviction occurred) or in the court of conviction for an arrest that led to a conviction. If the prosecuting attorney has an objection to the motion, they must file their objection with the court within 120 days after the applicant has notified the court.

The court will hold a hearing if the prosecuting attorney files an objection. When the applicant's request is granted, the court will notify the necessary agencies with copies of the Order, and such criminal or arrest records will be sealed. If there is no objection from the prosecuting agency, the court may order the expungement without a hearing.

Is Citizen's Arrest Legal in Oregon?

Yes, it is legal to make a citizen's arrest in Oregon. A citizen's arrest generally occurs when a private person who is not a law enforcement officer makes an arrest. In other words, it is an arrest of a private individual by another private person. For instance, if a bystander arrests a money-snatcher on the road, that is an example of a citizen's arrest.

Oregon Revised Statutes, Section 133.225, permits a private person to arrest another individual for a crime committed in their presence if they have probable cause to believe the suspect committed the crime. However, after making a citizen arrest in the state, the private individual who made the arrest must immediately turn over the arrested person to a law enforcement officer or take them before a magistrate. State law permits the use of justifiable physical force when making a citizen's arrest.

How to Look Up Arrest Warrants in Oregon

Under Oregon law, an arrest warrant is a court document directing a law enforcement officer to arrest a person and either issue a criminal citation on a criminal charge or book them into detention. Generally, interested individuals may look up arrest warrants in the state by contacting law enforcement agencies that made such arrests or the issuing courts. Contacts may be in person, by email, mail, phone, or online, depending on what is available for the custodians. Typically, information such as the name of a person on whom an arrest warrant was issued or a case number is needed for a warrant lookup.