Oregon Misdemeanors

A misdemeanor is a criminal offense less serious than a felony and more serious than a civil violation. Oregon has three misdemeanor classes, Class A, Class B, and Class C, as well as unclassified misdemeanors, as defined in specific laws.

The maximum jail term for a Class A misdemeanor is 364 days (not a full year) - done to limit any accidental immigration consequences. For Class B, the maximum jail time an offender can get is 6 months, while for Class C is 30 days. Violations (including most routine traffic tickets) are not considered crimes and only attract fines unless a law says otherwise.

What Is a Misdemeanor in Oregon?

Under Oregon’s sentencing chapter, misdemeanor jail terms are capped at 364 days (Class A), 6 months (Class B), and 30 days (Class C). Unclassified misdemeanors have penalties that depend on the laws governing the specific crime. Felonies attract jail terms that are more than a year. Violations are expressly non-criminal, prosecuted by citation, and penalized by just fines. Examples of common misdemeanors include petty theft, harassment, or simple assault, and first-offense DUII (unless they qualify for a felony due to factors like repeat offense).

Driving under the influence of intoxicants (ORS 813.010) is generally a Class A misdemeanor with mandatory penalties. However, it becomes a Class C felony if the person has two or more prior DUII convictions within 10 years (and in several other specified circumstances). Certain facts can increase fines - for example, if a minor was in the vehicle, fines can get up to $10,000.

Misdemeanor Classes and Penalties in Oregon

Oregon sets misdemeanor jail maximums in ORS 161.615 and fine maximums in ORS 161.635:

• Class A misdemeanor: Offenders can get up to 364 days in county jail and a $6,250 fine.
• Class B misdemeanor: This set of crimes can get an offender up to 6 months in jail and a $2,500 fine.
• Class C misdemeanor: Offenders can get up to 30 days in jail and $1,250 in fines.
• Unclassified misdemeanors: Penalties depend on the specific laws governing the crime.

Courts may also order probation, restitution, community service, treatment or counseling, no-contact orders, and other conditions authorized by statute. “Violations” (e.g., most traffic offenses) are penalised by fines. They are described in ORS 153.008 and carry specified fine schedules under Chapter 153.

First-offense DUII sentencing is done based on the specific laws and can include jail or community-custody alternatives, fines (often $1,000–$6,250 or higher in aggravated situations), treatment, a Victim Impact Panel, and ignition-interlock. Penalties can get steeper if there are priors or a high alcohol concentration.

Misdemeanor Court Process in Oregon

The places where misdemeanor cases are heard include:

• Circuit Courts: The state trial courts of general jurisdiction hear both misdemeanors and felonies. They are known as courts of record and operate statewide.
• Municipal Courts: These courts hear city ordinance crimes and violations and, by law, have authority over misdemeanors committed within the city. Many Oregon cities try police-initiated misdemeanor cases in this court.
• Justice Courts: These are available in some counties and primarily hear violations and limited-jurisdiction matters by law.

The step-by-step process for trying misdemeanors is:

1. Citation or arrest & complaint/information: Many low-level cases start with a citation, while others begin with arrest and charging in the proper court.
2. Arraignment: The judge lets the defendant know their rights. They also take an initial plea from the defendant, address their lawyer (when jail is possible and you cannot afford a lawyer, a public defender is provided), and set release conditions.
3. Pre-trial: Here, the prosecution and defendants carry out discovery, motions, plea talks, and referral to treatment or problem-solving courts (where available).
4. Trial: Misdemeanors may be tried by a six-personjury (or to the court if both sides waive jury). The availability of a municipal court jury depends on the forum and charge. The circuit courts try jury-eligible misdemeanors regularly.
5. Sentencing: The court imposes any jail time in a county jail, fine, and conditions within legal limits or offense-specific schemes (e.g., DUII).

Most routine traffic matters are violations processed under Chapter 153 (fine-only), often through municipal or justice courts. More serious driving crimes (e.g., DUII, reckless driving) are treated as either misdemeanors or felonies.

Misdemeanor Records in Major Oregon Cities

Oregon provides both state and local access points. The clerk’s file (Register of Actions and Judgment) is the official record. Some documents are restricted or not available online.

• Portland/Multnomah County: Circuit-court files are held by the Multnomah County Circuit Court. The county’s records page explains how to request copies, and the OJD site links to search tools. Many users access circuit-court case registers through OECI (Oregon eCourt Case Information) using an OJCIN Online subscription.
• Salem (Marion County): The Salem Municipal Courthandles city ordinance misdemeanors and violations. It has online record requests and in-person services. County-level felonies and state-law misdemeanors are in Marion County Circuit Court(searchable via OECI/OJCIN).
• Eugene (Lane County): The Eugene Municipal Court hosts a public online record search and payments portal for municipal cases. The Lane County Circuit Court deals with state cases. You can also search for records from this court through the OECI/OJCIN.

You will typically find information such as party names, case numbers, charges with statute cites, Register of Actions entries (filings/hearings), dispositions, sentence terms, and financial balances online. To get full document images, you may need an OJCIN subscription. You may also need to request such records from the clerk.

How to Search for Misdemeanor Records in Oregon

1. Start with the Oregon Judicial Department (OJD) “Find a Case” page: you can use the OJD free calendars and basic case lookup or the paid OJCIN Online to get full Register of Actions access across all 36 circuit courts and the Tax Court.
2. Use OECI/OJCIN for circuit-court cases: The OECI portal is the official register for circuit courts; create an OJCIN Online account for statewide access.
3. Check the city court if it’s a municipal case: • Eugene Municipal Court:public records search and online payments. • Salem Municipal Court: submit records requestsonline or contact the clerk.
4. If online access is limited or you need certified copies:Contact the circuit-court records unit (e.g., Multnomah County Circuit Court – Records) or the municipal court clerk. Most courthouses also have free public terminals where you can carry out in-person searches.

How Long Does a Misdemeanor Stay on Your Record in Oregon?

Oregon uses a “set-aside” process (often called expungement) under ORS 137.225. When granted, the court seals the case so it is no longer accessible in official court records.

General timelines for adult cases, after completing all sentence terms and paying restitution:

• Class B or Class C misdemeanors (and most violations): These classes are eligible after 1 year without new convictions.
• Class A misdemeanors: This class is eligible after 3 years without any new convictions.
• Non-convictions (arrest/charge dismissed or acquitted): These are set aside after short legal intervals.
• Ineligible/limited categories: Certain offenses, such as most sex crimes, are excluded. DUII convictions are generally not eligible for a set-aside, though dismissals may be.

You can file a motion to set aside in the court of conviction (or charging court for non-convictions). This motion should be served to the district attorney and applicable agencies. The courts, if your request is granted, seal your record, and agencies (including the state police) are notified to update criminal history.

Without a set-aside order, a misdemeanor remains publicly accessible indefinitely in court systems. With a granted set-aside, the case would be removed from routine public background searches, although courts and criminal justice agencies would be able to access these records by law.