Oregon Criminal Defense Guide — Charges & Process

Oregon divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

• Class A felony: 0–20 years, up to $375,000 fine - Class B felony: 0–10 years, up to $250,000 fine - Class C felony: 0–5 years, up to $125,000 fine - Class Unclassified (Murder/Aggravated Murder) felony: 25 years to life

Misdemeanor classifications

• Class A misdemeanor: up to 12 months, $6,250 fine - Class B misdemeanor: up to 6 months, $2,500 fine - Class C misdemeanor: up to 3 months, $1,250 fine

Every person accused of a crime in Oregon has constitutional protections:

• Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
• Right to an attorney — If you cannot afford one, one will be appointed §135.045 et seq.. Oregon Public Defense Commission (formerly Office of Public Defense Services) provides statewide indigent defense through a mixed model of public defender offices, law firms on contract, and individual appointed counsel.
• Right to a speedy trial — Oregon does not set a fixed number of days for speedy trial §135.746. ORS 135.746 sets the time period within which trial must commence, with periods excluded from the time limits under ORS 135.748 and delay for cause addressed by ORS 135.750. ORS 135.752 governs when trial is not commenced within the time limit, and ORS 135.753 states the effect of dismissal. Former ORS 135.747 is no longer among the chapter's speedy trial provisions.
• Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
• Right to confront witnesses — You may cross-examine every witness the state calls against you

Probation in Oregon: Misdemeanor: up to 5 years; Felony: set by sentencing guidelines, generally up to 5 years; listed sex offenses require at least 5 years and up to the offense's maximum statutory indeterminate sentence §137.010; §137.012.

Oregon does allow certain criminal records to be sealed or expunged §137.225. Waiting periods: Measured from the date of conviction or release from imprisonment, whichever is later: 1 year (Class B or C misdemeanor, violation); 3 years (Class A misdemeanor); 5 years (Class C felony); 7 years (Class B felony). Acquittals and most dismissals may be applied for at any time; where no accusatory instrument was filed, 60 days after the prosecutor indicates the state will not proceed. Probation revocation adds a 3-year wait from the date of revocation. Oregon's set-aside statute (ORS 137.225) allows petition-based expungement for eligible convictions, and the applicant must have fully complied with and performed the sentence. Measure 110 (2020) decriminalized small amounts of drugs (since modified in 2024). Eligibility under ORS 137.225(5) reaches misdemeanors, Class C felonies, violations and Class B felonies other than ORS 166.429 violations and person felonies; subsections (6)–(8) exclude sex crimes (with narrow exceptions), certain abuse and child-victim offenses, state and municipal traffic offenses, and applicants with other qualifying convictions in the applicable look-back period. No court filing fee is required under ORS 21.135, but the applicant must pay a Department of State Police criminal record check fee.