Civil Forfeiture Expungement

[Teedoubleu]

My question involves criminal records for the state of: Oregon


Is there any way to get a civil forfeiture removed from my record. I was originally charged with delivery of a controlled substance, but I had the 25 year old case expunged a few years ago. No arrests and no convictions come up when a background search is conducted, however, a civil forfeiture does for the $450 dollars in which the police seized at the time of the arrest (and the document is very clear about why the money was seized). Is there anyway to get rid of this considering I have legally never been arrested, investigated, or convicted of the said incident? It does my criminal expungement process little good when I have to explain this. It seems like something that should have been sealed with the rest of the case.

[STATcom]

Unfortunately, you're stuck in a bit of a catch 22. Since it's a civil forfeiture, it's not considered a crime and thus wouldn't be eligible for removal under most expungement statutes (to my knowledge at least). It becomes an issue for your credit history and you would have to remove it in a way similar to clearing your credit history. Though someone please correct me if this is wrong.

[ScottAlexander]

My question involves criminal records for the state of: Oregon


Is there any way to get a civil forfeiture removed from my record. I was originally charged with delivery of a controlled substance, but I had the 25 year old case expunged a few years ago. No arrests and no convictions come up when a background search is conducted, however, a civil forfeiture does for the $450 dollars in which the police seized at the time of the arrest (and the document is very clear about why the money was seized). Is there anyway to get rid of this considering I have legally never been arrested, investigated, or convicted of the said incident? It does my criminal expungement process little good when I have to explain this. It seems like something that should have been sealed with the rest of the case.

Were you a minor at the time? What was the statute(s) used to bring the civil forfeiture action against the $450? [Oregon has revamped its forfeiture laws a number of times.] Did you contest the forfeiture? Were false claims made in the complaint for civil forfeiture?