A Class A misdemeanor is the most serious misdemeanor offense in Oregon, punishable by up to 364 days in jail and a fine of up to $6,250.1Oregon State Legislature. Oregon Code 161.615 – Maximum Terms of Imprisonment for Misdemeanors The sentence is only part of the picture. A conviction produces a criminal record that can follow you into job applications, rental screenings, gun ownership, and, for non-citizens, immigration proceedings.
What Counts as a Class A Misdemeanor
Oregon reserves the Class A label for misdemeanor conduct it treats as serious, though not felony-level. Common examples include assault in the fourth degree, which covers intentionally or knowingly causing physical injury to another person; strangulation, which involves blocking someone’s breathing or blood circulation by applying pressure to the throat, neck, or chest; and theft in the second degree, when the stolen property is worth at least $100 but less than $1,000.
Whether your charge falls in this class matters because Class A carries penalties several times higher than Class B or C, and it opens the door to collateral consequences that lesser misdemeanors often don’t trigger.
Jail Time
The statutory maximum is 364 days.1Oregon State Legislature. Oregon Code 161.615 – Maximum Terms of Imprisonment for Misdemeanors That one-day-short-of-a-year cap is deliberate. Federal immigration law treats convictions carrying a maximum penalty of one year or more more harshly for non-citizens, and Oregon’s ceiling stays below that line.
Most first-time offenders don’t serve the full 364 days. Judges weigh the facts of the offense, prior record, and steps like completing treatment or cooperating with law enforcement, and they can hear arguments on aggravating and mitigating circumstances before setting the sentence.2Oregon State Legislature. Oregon Code 137.080 – Consideration of Circumstances in Aggravation or Mitigation of Punishment A history of similar offenses or the use of a weapon pushes sentences toward the maximum. A clean record, genuine remorse, or circumstances like duress from a domestic violence situation pull them down.3Oregon Public Law. Oregon Code 137.090 – Considerations in Determining Aggravation or Mitigation
Fines and Other Money You’ll Owe
The maximum fine for a Class A misdemeanor is $6,250.4Oregon State Legislature. Oregon Code 161.635 – Fines for Misdemeanors The actual amount tracks the nature of the offense and the defendant’s ability to pay. Judges can go lower, or waive the fine entirely for genuine financial hardship. Offenses involving loss to a victim tend to draw more.
The statutory fine is rarely the only cost. Oregon courts can impose compensatory fines, sending part or all of the fine directly to the victim to cover losses, on top of any separate restitution order. Every criminal conviction also triggers a unitary assessment fee. For misdemeanors, the base assessment is $67, with more added for person crimes or controlled substance offenses. Stacked together, the fine, compensatory fines, restitution, and mandatory assessments often push the total well beyond the headline number.
Probation and Alternative Sentences
Judges frequently sentence Class A misdemeanor defendants to probation instead of, or in addition to, jail. Probation can include jail time of up to one year or half the maximum sentence, whichever is less, served as a condition of probation rather than as a standalone sentence.5Oregon Public Law. Oregon Code 137.540 – Conditions of Probation; Evaluation and Treatment
Oregon’s standard probation conditions are extensive. A person on probation must stay in Oregon unless the supervising agency grants written permission to leave, submit to searches when the officer has reasonable grounds to suspect a violation, avoid possessing weapons or firearms, report as directed, pay all fines, restitution, and fees, and complete evaluations for substance abuse or mental health issues if directed, then follow through on the recommendations.
The court can also add special conditions such as community service, anger management, or drug and alcohol treatment. For domestic-violence-related offenses, no-contact orders with the victim are common. Violating any condition can put you back before the judge facing the original maximum sentence.5Oregon Public Law. Oregon Code 137.540 – Conditions of Probation; Evaluation and Treatment
Firearm Ban for Domestic Violence Convictions
Federal law permanently prohibits anyone convicted of a “misdemeanor crime of domestic violence” from possessing firearms or ammunition.6Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts It applies regardless of the state where the conviction happened or the specific statute name. If your Class A misdemeanor involved violence against a spouse, domestic partner, co-parent, or someone you lived with in an intimate relationship, the ban kicks in and does not expire. There’s no waiting period and no restoration process short of having the conviction overturned or set aside.
This catches people off guard more than almost any other collateral consequence. Someone convicted of assault in the fourth degree or strangulation involving a domestic partner may not realize they’re permanently barred from owning a hunting rifle or even holding ammunition. Violating the ban is itself a federal felony.
Immigration Risk for Non-Citizens
Non-citizens face an extra layer of exposure. Federal immigration law makes a person inadmissible, meaning unable to enter or re-enter the U.S., if they’ve been convicted of a “crime involving moral turpitude.” The term is loosely defined but generally covers offenses involving fraud, theft with intent to permanently deprive the owner, and intentional infliction of serious bodily harm.7Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens Several common Class A misdemeanors, including theft in the second degree and assault in the fourth degree, could fall into that category depending on the facts.
A “petty offense exception” may save some defendants. If the maximum possible penalty for the offense did not exceed one year and the actual sentence imposed was six months or less, the conviction may not trigger inadmissibility for a first offense.7Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens Oregon’s 364-day maximum falls just under the one-year threshold, which is why the exception is potentially available. Whether it applies depends on the sentence actually imposed.
Separately, any non-citizen convicted of a crime of domestic violence, stalking, or child abuse is deportable regardless of the offense classification.8Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens A Class A misdemeanor assault or strangulation against a spouse or family member can trigger removal proceedings even if the sentence was minimal. These consequences are often irreversible, and non-citizens facing any Class A misdemeanor charge should talk to an immigration attorney before accepting a plea.
Jobs After a Conviction
A Class A misdemeanor conviction shows up on background checks. Oregon’s “Ban the Box” law bars employers from requiring applicants to disclose criminal convictions on a job application or before the first interview.9Oregon Public Law. Oregon Code 659A.360 – Restricting Criminal Conviction Inquiries If no interview is conducted, the employer cannot ask about convictions before making a conditional offer. The law doesn’t stop employers from considering convictions later in the process; it just delays the inquiry so applicants get evaluated on qualifications first.
Once past that stage, private employers have significant discretion, particularly for convictions involving theft, fraud, or violence. Licensed professions such as healthcare, education, law enforcement, and financial services often have additional screening requirements that make a Class A misdemeanor a practical barrier. The real-world impact depends on the offense and how recent it is.
Renting After a Conviction
Oregon limits how landlords use criminal history, but the limits are narrower than many people expect. Landlords can consider criminal convictions for these categories of conduct:10Oregon State Legislature. Oregon Code 90.303 – Evaluation of Applicant
- Drug-related crimes, excluding convictions based solely on marijuana use or possession
- Crimes against people
- Sex offenses
- Financial fraud, including identity theft and forgery
- Other crimes where the underlying conduct could harm the landlord’s property or the safety and peaceful enjoyment of other tenants
Many Class A misdemeanors, like assault or theft, land squarely inside these categories. Landlords can also consider pending charges that have not yet resulted in a conviction, as long as the defendant is not participating in a diversion or deferred judgment program. A recent Class A misdemeanor for a person crime or theft gives a landlord clear grounds to deny a rental application.10Oregon State Legislature. Oregon Code 90.303 – Evaluation of Applicant
Clearing the Record Later
Oregon doesn’t use the word “expungement” in the traditional sense. Instead, eligible defendants can petition for an order “setting aside” a conviction, which removes it from the public criminal record for most purposes. For a Class A misdemeanor, you must wait at least three years from the date of conviction or release from any imprisonment, whichever is later.11Oregon Public Law. Oregon Code 137.225 – Order Setting Aside Conviction or Record of Criminal Arrest
During that window, you cannot have been convicted of any other offense, with traffic violations excluded. You must also have fully completed your sentence, including probation. If probation was revoked, an additional three-year waiting period begins from the date of revocation or the original eligibility date, whichever comes later.11Oregon Public Law. Oregon Code 137.225 – Order Setting Aside Conviction or Record of Criminal Arrest
Not every Class A misdemeanor qualifies. Sex offenses are generally ineligible unless specific conditions are met, including being relieved of sex offender registration requirements. Criminal mistreatment convictions involving victims aged 65 or older and certain child-abuse-related offenses are also excluded. For eligible offenses, a successful set-aside means the conviction no longer appears on standard background checks, which can meaningfully improve job and housing prospects. The record isn’t destroyed, though. Law enforcement and courts still have access.