Clackamas County, Oregon Arrest Records
Arrest records are documents created and maintained by local law enforcement agencies, such as the Clackamas County Sheriff's Office, when a person is arrested for a suspected crime. In Clackamas County, these records are governed by the Oregon Public Records Law and are a vital part of the county's public record system.
Arrest records are also subject to ORS 181A.010 to 181A.350, which controls the management and release of criminal offender information in Oregon. Under this law, while arrest records themselves are generally public, the broader details of an individual's subsequent interactions with the justice system are often restricted.
Are Arrest Records Public Information in Clackamas, Oregon?
Yes. Arrest records in Clackamas County and throughout Oregon are generally considered public records under the Oregon Public Records Law. The law grants every person the right to any record of a public body unless the record is specifically exempt. The following arrest-related information is usually restricted and sometimes completely exempted from public disclosure in Clackamas County.
- Records relating to an active investigation
- Information that would infringe on a victim's privacy or safety
- Records involving minors
- Body-worn camera footage, except that the faces are blurred
- Arrests older than one year that did not result in a conviction (unless the case is pending)
- Mugshots before conviction
Clackamas County Arrest Search
Information on individuals arrested in Clackamas County, at the state level, is maintained by the Oregon State Police's Criminal Justice Information Services (CJIS). The CJIS does not hold an individual's arrest record alone; it maintains their entire criminal history record. Individuals interested in accessing an arrest record from the department will have to conduct a Criminal History Record Check.
Requesters may opt for a name- or a fingerprint-based search, depending on their needs. A name search is performed when requesting another person's arrest information, while a fingerprint-based search is performed when requesting one's own record. Criminal history records are confidential in Oregon under ORS 181A.220, so limited information is provided about another person's record. The fee for a request is $33. Fingerprinting costs $30, and notary service for a copy of one's own record is $5 per copy.
At the federal level, arrest information is accessible through the Federal Bureau of Investigation. The FBI maintains nationwide criminal history records through its Criminal Justice Information Services (CJIS) Division. The records maintained by the FBI are only disclosable to the subject of the record. Individuals can procure a copy of their own criminal record by requesting online, by mail, or through an FBI-approved channeler. The cost for a check is $18.
Clackamas County Inmate Locator
When an arrest happens in Clackamas County, the arrestee is usually taken to the station, booked, and kept in jail pending their first court appearance. The arrest record is typically maintained by the arresting agency, and the jail record is maintained by the Clackamas County Sheriff's Office, which oversees the county jail. Individuals may visit either office with basic details about the arrest, such as the arrestee's name or the arrest date, to access the relevant record.
Alternatively, the record of an inmate in the county jail can be found online through the Sheriff's Adults in Custody Portal. The portal lists all adults currently incarcerated in jail and can be searched by inmate name. There is no equivalent public portal for searching juveniles in custody, as juvenile records are confidential. Access is only possible in person and to approved parties.
Active Warrant Search in Clackamas County
An arrest warrant is an order issued by a judicial officer (judge or magistrate) that authorizes the police to take a specific person into custody. An arrest warrant is not issued at will; it is issued after due process, which establishes probable cause that the person has engaged in a crime. According to ORS 133.140, a valid warrant issued by a court in Oregon must include
- The name of the person to be arrested (or a description if the name is unknown).
- The nature of the crime charged.
- The date and location of issuance.
- The title and signature of the issuing magistrate.
- Information regarding bail, if applicable
The Clackamas Sheriff's Office is responsible for tracking and executing warrants within the county. The Sheriff's Records Unit maintains a 24/7 database of active warrants to support local and partner law enforcement agencies. Individuals may search for active warrants in the county using the Warrant Check tool or by calling the warrants hotline at (503) 785-5210. Inquiries can also be made in person; however, an inquiry may result in an arrest on the spot if a warrant is found in the inquirer's name.
How to Find Arrest Records for Free in Clackamas
Finding and accessing arrest records for free in Clackamas County can be done through the Sheriff's Adults in Custody portal. However, this portal is limited to records of persons currently in the county jail. To access the arrest record of someone not in custody, requesters may need to contact the arresting agency or visit the Sheriff's Office. Typically, a fee is required to obtain a copy of a public record, as stipulated by state law. However, individuals may avoid this fee if they only wish to inspect the record (rather than obtain a copy) and if locating it will not be time-consuming. Victims of a crime may receive copies of the relevant arrest record free of charge.
Clackamas County Arrest Report
In Clackamas County, an arrest record and an arrest report are two related but distinct documents. An arrest record is a summary of the events related to the arrest, while an arrest report is the detailed narrative written by the officer immediately following the arrest, describing the incident. Arrest reports may include evidence and witness statements, which are not present in an arrest record.
The Sheriff's Office Records Unit holds arrest reports. Individuals can obtain a copy by visiting the Sheriff's Office or requesting it through the online Public Records Center. An arrest report costs $15 for the first 30 pages and 25 cents per additional page. The report is free for victims of the particular crime.
How to Get an Arrest Record Expunged in Clackamas County
The expungement of arrest records in Clackamas is governed by ORS 137.225. The law provides individuals with ways to set aside their arrest records in certain situations. A person is generally eligible to have their arrest record set aside if the arrest did not result in a conviction, that is, if the charges were never filed, or were filed but dismissed. However, a diversion dismissal (e.g., a DUI) is not eligible for set aside.
Eligibility narrows if the arrest resulted in a conviction, depending on the offense. An individual with an arrest record resulting in a conviction may apply for expungement if
- The conviction was for a Class A, B, or C misdemeanor, or a Class B or C felony.
- The individual has no new convictions during the waiting period (except for traffic violations or a single violation offense).
The following wait periods apply before eligibility for convictions in the state.
- Class B or C misdemeanor, violation, or contempt of court: 1 year
- Class A misdemeanor: 3 years
- Class C felony: 5 years
- Class B felony: 7 years
Special note: If the individual's probation was revoked, they may only become eligible 3 years from the revocation date, or use the standard waiting time, whichever is later. If no charges were filed, individuals may apply 60 days after the prosecutor declined to proceed or immediately if the charges were dismissed in court.
The following offenses are ineligible for expungement in Clackamas:
- Traffic offenses (DUI, Hit and Run, Reckless Driving). Note that these are different from traffic violations that are eligible
- Criminally negligent homicide
- Certain crimes involving elderly or child victims (Criminal Mistreatment, Endangering Welfare of a Minor)
- Most sex crimes (with narrow exceptions if the offender was under 16 and close in age to the victim)
- Serious person felonies (e.g., Assault in the third-degree)
Eligible persons may complete and file a Criminal Set-Aside form with the Clackamas County Circuit Court. The petitioner will also serve the motion to the prosecutor's office after filing. The court will review the case, along with any objections the prosecutor may raise. If satisfied with the petition's content, the court will issue an order setting aside the record. Once the order is issued, the record is erased and considered never to have existed.
How Do You Remove Arrest Records From the Internet?
Removing arrest information from the internet can sometimes be more difficult than setting aside the record, given how vast the internet is and how widely information can be spread. However, individuals can reduce the amount of accessible information online through several practical steps.
The first and most important step is to obtain the court's set-aside order. This gives the individual leverage when asking websites to erase arrest information. Individuals may then contact the known private websites with the information, present the set-aside order, and request that the record be taken down. Individuals may also use personal information removal tools or hire background check companies for a more thorough sweep of the internet.
What Do Public Arrest Records Contain?
Public arrest records in Clackamas County, per ORS § 192.345(3), contain the following details:
- Biographical information, including the arrested person's name, age, residence, employment, and marital status
- The specific crime the person is charged with
- The release conditions pursuant to ORS 135.230 to 135.290
- The investigating and arresting agency, along with the length of the investigation
- The circumstances of arrest, including time, place, resistance, pursuit, and weapons used
- The identity of the complaining party and the victim
- Any information necessary to help the public assist law enforcement in apprehending fugitives