The Oregon Public Records Law gives every person in Oregon the right to view and inspect a nonexempt public record of any public body in Oregon. Criminal records such as arrest records are part of the public records in Oregon, and the Oregon State Police is the central custodian of these records. Interested persons may submit requests to its Criminal Justice Information Services (CJIS) Division. However, it is not every time that an applicant will get the records, as there are circumstances where the record custodian may limit public access to certain criminal records. Some grounds for denying the application are if the record is part of an ongoing investigation or it can pose a risk to the public.
Per ORS § 192.345(3), arrest records are public records in Oregon unless they have to be delayed due to ongoing investigation or there is a need to protect the victim. Therefore, anyone can conduct an Oregon arrest online or in person at the county where the arrest occurred.
In Oregon, ‘arrest record' is the state's term for describing a set of a person's criminal history information held by the state police. It contains a summary of the person's history and whether the person has been questioned, detained, taken into custody, or held for investigation. When law enforcement officers arrest a person for committing an offense stated in the Oregon Revised Statutes, the arresting officer has to prepare a report in the person's name. The report contains basic information on the suspect for identification purposes and serves as evidence if the case goes to trial.
An arrest record plays a significant role in every criminal matter but is not conclusive proof of a person's guilt. As not all arrests lead to criminal convictions in Oregon, there are instances where the state may allow for the erasure of a person's arrest records, especially where the person was falsely accused or acquitted of the criminal charge(s). However, when an arrestee is convicted, the arrest record information is typically featured in their Oregon criminal record.
An Oregon arrest record is a piece of written information on a person's arrest by the police, and it contains the following details:
Arrest records in Oregon are considered public information. So, the law allows interested persons to find and access these records. Knowing how to access arrest records can help individuals when looking for a loved one. After the police take a person into custody, the person will go through a booking process and may stay in custody for a while. Access to the arrest records can aid family members or friends who want to help, and provide bail assistance to the arrested person if the option is available.
Apart from personal relations, other persons may want to access arrest records for various reasons, especially if considering moving to a particular area. An individual may be interested in finding out who has been arrested in the city or town and why. The arrested person may also access the arrest records for many reasons, like verifying the information contained in the record. Other interested persons who may access arrest records in Oregon are an employer, landlord, insurance company, government agency, etc.
The right to access arrest records in Oregon is not absolute. There are certain exceptions, like sealed records or an ongoing investigation related to the arrest. In these situations, only law enforcement or court officials may access the records. Any other person will need a warrant or subpoena to get access to restricted arrest records.
The Oregon State Police (OSP) release arrest statistics to residents through the Uniform Crime Reporting Data submitted by law enforcement agencies in the state. In 2022, about 110,478 distinct arrests and 129,266 arrest offenses were recorded in Oregon. About 82,399 of the arrestees were male, and 28,079 were female. The reported arrests were divided into offense types which include:
Crime against persons
Simple assault - 7,700
Aggravated assault - 3,588
All other offenses - 2,038
Intimidation - 1,957
Crime against property
Larceny/theft offenses - 10,174
Vandalism - 4,384
Motor vehicle theft - 2,031
Burglary - 1,870
Fraud offenses - 1,342
Stolen property - 976
Crime against society
All other offenses - 32,352
DUI - 11,696
Disorderly conduct - 6,177
Drug/narcotic offenses - 3,333
Weapon law violations - 2,339
Liquor law violations - 1,340
Other
Part 3 - 22,955
Traffic crime - 7,823
An Oregon arrest search allows individuals to access arrest information of incarcerated individuals in city, county, or state jails/prisons. The requester must know basic information about the arrested person to facilitate the search. Typically, arrest records contain the following information:
To conduct an arrest record search in Oregon, the best place to start is with the local police department. If the arrest is a recent one, it may not come up at the time of an online search, as updates may take hours or days, depending on the particular reporting system. So, a physical visit or a phone call to a police department may be a better option.
Interested persons may also contact a bail bondsperson. People in this line of work often hire private investigators and other persons who have access to arrests and custody information. Most persons only hire a bail bondsperson when it is certain that a person has been arrested and a judge has set a bail amount for the person's release.
Suppose, in some circumstances, that it is difficult to determine if a person has been arrested or where the person is being held. In those cases, a bondsperson may also be of assistance. A person carrying out an arrest record search on a specific individual is better equipped with information on the person, like a full name, date of birth, sex, gender, and race.
Every person in Oregon has the right to inspect public records in the state, under Section 192.314 of the Oregon Revised Statutes, unless the records are exempt under ORS 192.338. The need for a subpoena in Oregon may arise where the particular law enforcement agency holding the record refuses to disclose it.
A subpoena or subpoena duces tecum is a command to produce certain items like documents or electronically stored information for inspection and copying. In Oregon, subpoenas are provided for in Section 180.073 of the Oregon Revised Statutes. The Attorney General may issue a subpoena duces tecum on any person or body with information relevant to the matter in any criminal matter.
Section 136.595 of the Oregon Revised Statutes provides for service of a subpoena order on an officer by personal delivery. The police department that receives the subpoena order may then object or move to squash it by filing a motion and providing reasonable grounds for the objection. A possible ground of objection is that the subpoena is flawed.
A proper subpoena order must include a valid evidentiary hearing date before sending it to a law enforcement agency like the Portland Police Bureau. Also, the subpoena must be addressed to the Portland Police Bureau, Custodian of Records, 1111 SW 2nd Avenue, Room 1126, Portland, Oregon 97204.
The Oregon Department of Corrections is in charge of overseeing the state's detention and correctional facilities. It also manages the inmates' records and official data of offenders held in these facilities. In complying with state laws, these records are public information, and an interested person may also use the Oregon Offender Search system of the DOC. First, click on the search tool, which will then lead to an online directory.
To search for an inmate, type in the person's full name or partial names or unknown portions of name if a full name is unavailable. Alternatively, the searcher can use the inmate's SID Number to facilitate the search. After providing these details, click ‘search.' Clicking on search will redirect the searcher to a results page that provides details on all inmates that match the search parameters.
After finding the right inmate, click on the person's name or SID number, and the page will redirect to an extended information page. Here, the search will provide major details of the offender, like a photograph, case number, and sentencing information. For convenience, the searches can also sort the list by first or last name and even date of birth.
To get an official or certified copy of an inmate record in Oregon, the interested party must submit a Public Records Request. All requests must be in writing and include the following details:
To aid the department in locating the particular records, the applicant needs to specify the type of records, subject matter, approximate date range of records, etc. All requests for Offender Information and Sentencing Computation (OISC) requires one of the following forms:
Once the department receives the application, it may contact the requestor for further information and send an estimate of fees. After receiving payment, the department or unit will provide the correct records. The DOC may also charge some fees for the cost of providing public records under Section 192.324 of the Oregon Revised Statutes. These costs are for locating, copying, reviewing, redacting, or mailing the information and the fees vary, depending on the information requested. Interested persons may view the applicable fees schedule in the Department of Administrative Services (DAS) Statewide Policy.
The Oregon Department of Corrections offender search platform does not provide information on past prisoners who have passed through the system. There is also no central database of persons in Oregon who have completed a prison sentence. Rather, the DOC only provides information on currently incarcerated prisoners. As a result, individuals may visit courthouses for records of proceedings to show whether a person was convicted and sentenced for an offense. Also, an interested person may visit local sheriff offices and police departments to make these inquiries.
County Sheriff's Offices have online search tools that can be used to find recent arrests in Oregon. For example, requesters can use the Booking Information Search tool the Multnomah County Sheriff's Office provides to find information on individuals currently arrested in the county. The search criteria are by first name, last name, and search type. Requesters can use the search type to streamline their search to view information on a person arrested today or within the last 7 days. Individuals who are unsure of the arrest date can just select the “Now in Custody'' option from the “Search Type” dropdown menu.
Similarly, the Washington County Sheriff's Office has an online tool where individuals can retrieve information about inmates in custody. A search can be conducted by clicking the first letter of the last name of the arrested person. A list of names whose last name relates to the letter clicked by the requester will be displayed on the screen. Click on the arrestee’s name to view their arrest details. The booking report can be downloaded for free.
Alternatively, individuals can visit the Sheriff’s Office in the county where a person is arrested to request the arrest information. The person must provide the arrested person’s name or booking ID to facilitate the search.
There is no set limit for how long a person's arrest record can stay on file in Oregon. Since arrest records are public documents, they may form part of the person's official record for a long time, sometimes for life. The only way to get an arrest record off an official report is to expunge, seal or set aside the record.
An arrest report is a legal document maintained by a law enforcement agency that contains arrest details and any information about detention and charge. It specifically provides information about the circumstances of the arrest like the time, place, resistance, pursuit, and weapons used. Arrest reports are helpful for investigative purposes. Arrest reports are generally not public records. However, arrest records are public information. An arrest record is a legal document that provides information about a person in custody.
To view arrest records for free in Oregon, interested persons may use the DOC offender search tool. Alternatively, the searcher may visit a local police station for copies of arrest records. While the record is free, the person will have to pay nominal costs for copying the records. However, the record custodian may sometimes waive the required fees, depending on the circumstances. An interested person may also get arrest records for free from certain online databases. However, there is no way to verify that the records from these free databases are authentic.
Many people rely on third-party search services to find and get copies of arrest records because the official procedure may be time-consuming and difficult. These third-party services source data from various official portals and make it easy for interested persons to access arrest records without long waiting periods. To search with a third-party search service provider, the searcher must input the preferred site into a web browser. Next, the person must provide helpful keywords to make the search easy. These keywords are relevant data like the offender's first and last name. Using these third-party services may attract small fees for a subscription or a one-time payment.
In Oregon, it is expected that all arrest records contain correct information regarding an arrest. However, sometimes, an officer may make a mistake on the record. It may have spelling errors, a wrong phone number, social security number, or even confusing details about the criminal incident. The affected person may write or visit the local police department to report the error to fix this mistake. However, it is important to verify that there is a genuine mistake on the record before doing so.
So, it is advisable to request a copy of the arrest record by following the steps above to confirm a mistake on the record. Once the affected person confirms the mistake, such a person may then prepare supporting documents to accompany the complaint. These supporting documents may contain a copy of the arrest record, with the mistake circled or marked. The person may attach the supporting documents to the complaint or hold on to it until the law enforcement agency asks.
The consequences of having an arrest record can live with a person for a long time, causing legal and other problems for the person. However, in Oregon, a person may have arrest records set aside by filing a motion urging the court to seal the records, and the procedure is called a ‘set aside.' Section 137.225 of the Oregon Revised Statutes is the law that guides the expungement of arrest records in Oregon. Suppose one year has passed since the date of the arrest or issue of a criminal citation or criminal charge, and the matter failed to go to court. Or where a charge came up, and the court acquitted the suspect or dismissed the charge.
In these instances, the defendant may apply to a court with proper jurisdiction over the crime for an order to set aside the record of arrest, citation, or charge. However, if the defendant's probation sentence was revoked, such a defendant may not apply to the court to set aside the conviction until ten years after the date of revocation. Suppose the person has a conviction for another crime except for motor vehicle violations committed within ten years before filing the motion. In that case, the court will not grant it.
The procedure for making an application for expungement of arrest records is by a ‘Motion to Set Aside Record of Arrest,' which must include a set of the defendant's fingerprints. These fingerprints will be served on the office of the prosecuting attorney that prosecuted the crime or violation, or in cases where no charges were filed, had the authority to pursue the matter. Such an attorney is also allowed to contest the motion. Then, the fingerprint card with the words "motion for setting aside conviction" or "motion for setting aside arrest, citation or charge record" will then be forwarded to the Department of State Police. The purpose of this fingerprint requirement is for law enforcement to run a background check and verify the defendant's identity and eligibility, given that fingerprints are unique to every person.
Interested persons can obtain these fingerprints from the local sheriff's office, and it costs about $20 for the first set and an extra $5 to $10 for more sets. A defendant will need one set of prints for each court that the person wants to file for a ‘set aside' or expungement. The person filing the motion must also pay a $80 fee to the Department of State Police and attach a certified check of the payment to the fingerprint card served upon the prosecuting attorney. The prosecuting attorney forwards the fingerprints to the Department of State Police directly and not the defendant. After the police conduct the nationwide background check, the prosecutor may object or decline to oppose the expungement. If there is no objection, there is no need for a hearing.
When filing the motion, the applicant has to pay a non-refundable filing fee to the court for each case the person wants to set aside. The filing fee changes from time to time, so an interested person may visit the court website to get the current filing fees at the point of filing. However, a person that was not convicted does not need to pay filing fees. After hearing the motion, the court may demand the filing of affidavits and allow the victim to make a statement at the hearing.
If the court views the circumstances and checks the defendant's behavior from the date of arrest to the hearing date and finds that it warrants setting aside the arrest record, it will enter an expungement order. The effect of the order is to seal all official records of the arrest, and the clerk of the court will forward a certified copy of the order to relevant agencies who are to regard the defendant as having not been previously arrested. The clerk will also send a certified copy to the Department of Corrections if the person was in custody due to a conviction from the arrest, and the law will treat the criminal proceedings and conviction as having not occurred.