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Oregon (OR) — Expungement & Record Clearing

Yes, you can clear your criminal record in Oregon through a set aside under ORS 137.225. Most misdemeanors and many felonies are eligible after a waiting period of 1 to 7 years, depending on the offense class. There is no court filing fee — only a $33 Oregon State Police background check fee per case. The process takes 3–6 months. Class A felonies, sex offenses, person crimes, DUII, and traffic offenses are not eligible. Once set aside, your record is sealed and you can legally say you were never convicted on most job and housing applications. Free legal help is available statewide. Below is the full guide with eligibility, step-by-step process, costs, timeline, and FAQ.

Prepare questions about a record-clearing process

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Overview

Oregon uses the term "set aside" rather than expungement. Under ORS 137.225, eligible individuals can petition the court to seal their criminal record. Once set aside, the conviction is deemed never to have occurred and the record is sealed from public view. Senate Bill 397 (effective January 1, 2022) significantly expanded eligibility by reducing waiting periods and eliminating the court filing fee.

Official term: Set Aside (ORS 137.225) — Oregon officially calls the process "setting aside" a conviction. The record is sealed — not destroyed — and law enforcement can still access it for limited purposes.

What can be cleared in Oregon, by record type

Checked against the statutes and official court or agency pages on . Informational only, not legal advice — the exact offense, sentence, dates and later cases decide whether a particular record qualifies.

Oregon law uses "order setting aside" a conviction, contempt finding, or record of a criminal charge (commonly called adult expungement) under ORS 137.225. When a court enters an order setting aside a conviction, arrest, citation, or charge, the court orders all official records in the case sealed, the person is deemed for purposes of the law not to have been previously convicted, arrested, cited, or charged, and the proceeding is deemed not to have occurred so the person may answer any questions accordingly. For juvenile records, Oregon uses "expunction" (ORS 419A.260 to 419A.271), which removes a juvenile contact or adjudication record by destruction, sealing, redaction, or DHS file-stamping.

Sources: ORS 137.225 (Oregon State Legislature) (ORS 137.225(3)(b), (4); ORS 137.225(4)); ORS 419A.260 (Oregon State Legislature) (ORS 419A.260(1)(b))

Arrest or charge with no conviction

Generally available
Remedy
Order setting aside and sealing record of arrest, citation, or charge by motion (ORS 137.225(1)(c)–(d), (3)(b))
Waiting period
Immediate upon acquittal or court dismissal (ORS 137.225(1)(d)); 60 days after the prosecuting attorney indicates the state has elected not to proceed when no accusatory instrument was filed (ORS 137.225(1)(c))

Following Oregon's SB 397 reforms to ORS 137.225, a person who was acquitted or whose charge was dismissed may file a motion at any time after the acquittal or dismissal to set aside and seal the record of the arrest, citation, or charge. If no charging instrument was filed, the person may apply at any time after 60 days from the date the prosecutor indicates the state has elected not to proceed with a prosecution or contempt proceeding. Unlike conviction motions, a non-conviction motion under ORS 137.225(1)(c) or (d) is not subject to the lookback bar for other convictions, and the court must grant the motion and seal all official records in the case as long as the person does not have a pending criminal charge.

  • An arrest or citation for driving while under the influence of intoxicants (DUII) dismissed after completing a diversion agreement under ORS 813.200 cannot be set aside (ORS 137.225(8)(a))
  • Dismissal of a citation for a traffic violation cannot be set aside (ORS 137.225(8)(b))
  • Cannot be granted while the person is currently charged with any crime or contempt of court for violating an order related to abuse or a person crime (ORS 137.225(8)(c))

Source: ORS 137.225 (Oregon State Legislature) (ORS 137.225(1)(c)–(d); ORS 137.225(8))

Misdemeanor conviction

Generally available
Remedy
Order setting aside conviction and sealing records by motion after 1 or 3 years (ORS 137.225(1)(a)–(b), (5)(b))
Waiting period
1 year from conviction or release from imprisonment (whichever is later) for a Class B or Class C misdemeanor or violation; 3 years for a Class A misdemeanor (if probation was revoked, at least 3 years from the revocation date)

Under ORS 137.225, any person convicted of a qualifying misdemeanor or violation who has fully complied with and performed the sentence (including completing any supervision) may file a motion to set aside the conviction after 1 year from the date of conviction or release from imprisonment for a Class B or Class C misdemeanor or violation, or after 3 years for a Class A misdemeanor (5 years for contempt of court for violating an order related to abuse or a person crime; or 3 years from a probation revocation if later). The person must have no pending criminal charges and no other conviction (excluding motor vehicle violations and ORS 475.896 drug-enforcement misdemeanor possession, and allowing one non-traffic violation) during the 1-year or 3-year waiting period immediately preceding the motion. The prosecutor has 120 days to object, and even if an objection is filed, the court must grant the motion unless it finds by clear and convincing evidence that the person's post-conviction criminal or related regulatory behavior creates a risk to public safety.

  • State or municipal traffic offenses (including DUII) cannot be set aside (ORS 137.225(7)(a)(A))
  • Sex crimes (unless relieved of sex-offender registration under ORS 163A.140(1)(a)), elder criminal mistreatment (victim age 65+), and child-abuse criminal mistreatment or child-welfare endangerment (ORS 137.225(6))
  • Person is still on supervision for the offense, has a pending criminal charge, or has a disqualifying conviction within the 1-year (Class B/C) or 3-year (Class A) lookback period immediately preceding the motion

Source: ORS 137.225 (Oregon State Legislature) (ORS 137.225(1)(a)–(b)(C), (D); ORS 137.225(3)(a); ORS 137.225(5)(b))

Felony conviction

Limited
Remedy
Order setting aside Class C felony (after 5 years) or non-person Class B felony (after 7 years) by motion (ORS 137.225(1)(b)(A)–(B), (5)(a)–(b)); reduction of felony classification (ORS 137.225(1)(f))
Waiting period
5 years from conviction or release from imprisonment (whichever is later) for a Class C felony; 7 years for an eligible Class B felony (if reduced to a misdemeanor by the court, the 1- or 3-year misdemeanor period applies under ORS 137.225(1)(f))

Oregon allows motions to set aside qualifying Class C felonies 5 years after the date of conviction or release from imprisonment (whichever is later) and qualifying Class B felonies 7 years after conviction or release from imprisonment, once the sentence and all supervision are completed and the person has remained conviction-free (excluding motor vehicle violations and ORS 475.896 drug possession) for the preceding 5-year (Class C) or 7-year (Class B) period. If a court previously reduced a felony conviction to a misdemeanor classification, the shorter misdemeanor waiting period (1 or 3 years) applies. Class A felonies, Class B "person felonies" (as defined by the Oregon Criminal Justice Commission), firearm transfers under ORS 166.429, most sex crimes, and listed child/elder mistreatment, criminally negligent homicide, and ORS 163.165(1)(h) third-degree assault convictions cannot be set aside.

  • All Class A felonies
  • Any Class B felony classified as a 'person felony' under Oregon Criminal Justice Commission rules, or a violation of ORS 166.429
  • Criminal mistreatment 1st/2nd degree against a victim age 65+, or 1st-degree criminal mistreatment / endangering the welfare of a minor constituting child abuse, criminally negligent homicide (ORS 163.145), and 3rd-degree assault under ORS 163.165(1)(h)
  • Sex crimes (except narrow statutory exceptions in ORS 137.225(6)(f) where registration relief was granted or Romeo-and-Juliet criteria are met)
  • State or municipal traffic offenses
  • Any disqualifying conviction within the 5-year (Class C) or 7-year (Class B) lookback period immediately preceding the motion

Source: ORS 137.225 (Oregon State Legislature) (ORS 137.225(1)(b)(A)–(B), (f); ORS 137.225(5)(a)–(b), (6); ORS 137.225(6)(a)–(f))

DUI / DWI conviction

Not available
Remedy
Not available for DUII convictions or DUII diversion dismissals (ORS 137.225(7)(a)(A), (8)(a))
Waiting period
No single period — see the conditions below

Oregon law bars setting aside both convictions for state or municipal traffic offenses (which includes Driving Under the Influence of Intoxicants, DUII, under ORS 813.010) and arrests or citations for DUII that were dismissed after the person successfully completed a DUII diversion agreement under ORS 813.200. Only a DUII arrest or charge that ended in an outright acquittal or a dismissal NOT resulting from a diversion agreement can be set aside under ORS 137.225(1)(c) or (d).

  • All convictions for state or municipal traffic offenses are excluded under ORS 137.225(7)(a)(A)
  • All DUII arrests or citations dismissed through completion of an ORS 813.200 diversion agreement are excluded under ORS 137.225(8)(a)

Source: ORS 137.225 (Oregon State Legislature) (ORS 137.225(7)(a)(A), (8)(a); ORS 137.225(8)(a))

Drug possession conviction

Generally available
Remedy
Order setting aside drug convictions after 1, 3, 5, or 7 years (ORS 137.225) or marijuana convictions with reduced classifications (ORS 137.226); drug-enforcement misdemeanor possession does not reset the lookback clock for other set-aside motions (ORS 137.225(7)(a)(B))
Waiting period
1 year (Class B/C misdemeanor or violation), 3 years (Class A misdemeanor), 5 years (Class C felony), or 7 years (Class B felony) from conviction or release from imprisonment

Drug possession and non-Class-A drug offenses qualify for an order setting aside the conviction under ORS 137.225 after completing the sentence and waiting 1 year (Class B/C misdemeanor or violation), 3 years (Class A misdemeanor), 5 years (Class C felony), or 7 years (Class B felony). If a felony drug conviction was reduced to a misdemeanor, the misdemeanor wait applies. In addition, under ORS 137.225(7)(a)(B), a conviction for unlawful possession of a controlled substance constituting a drug enforcement misdemeanor under ORS 475.896 does not count as a disqualifying conviction that resets the waiting period when applying to set aside another offense.

  • Class A felony drug offenses cannot be set aside unless reduced to a lower classification
  • Must have completed any supervision and have no pending criminal charges

Source: ORS 137.225 (Oregon State Legislature) (ORS 137.225(1)(f), (7)(a)(B); ORS 137.225(7)(a)(B))

Juvenile record

Generally availableSome automatic relief
Remedy
Automatic juvenile-department application and court expunction at age 18 for non-adjudicated contacts and non-violent violations/misdemeanors, and after 4 years for most violent misdemeanors and felonies; individual application for expunction (ORS 419A.260–419A.262)
Waiting period
Within 90 days after turning 18 (or termination of juvenile court jurisdiction, if later) for non-adjudicated contacts and non-violent violation/misdemeanor adjudications; 4 years after the most recent termination (and attaining age 18) for eligible violent misdemeanor and felony adjudications

Under Oregon's juvenile expunction reforms (ORS 419A.261), county juvenile departments must automatically apply for expunction within 90 days of turning 18 (or upon request for older records) for (1) any youth who had juvenile contact without a delinquency adjudication, and (2) any youth adjudicated for acts that would be violations or non-violent misdemeanors once juvenile jurisdiction ends and any restitution is paid. Furthermore, under 2025 legislation (ORS 419A.261(4)), juvenile departments must apply for expunction 4 years after the most recent termination (and attaining age 18) for most violent misdemeanors and felonies if the person has no un-set-aside felony or Class A misdemeanor conviction since termination and no pending proceedings, except for 6 offenses requiring a personal application under ORS 419A.262 and the permanent exclusions in ORS 419A.260(1)(e)(J).

  • 25 serious felony/homicide/sex offenses listed in ORS 419A.260(1)(e)(J) (including murder, manslaughter, criminally negligent homicide, 1st-degree assault, 1st-degree kidnapping, 1st–3rd degree rape, sodomy, or sexual abuse, and compelling/promoting prostitution) are permanently excluded from juvenile expunction
  • Six offenses listed in ORS 419A.261(4)(c)(A) (1st-degree arson, 1st/2nd-degree robbery, 2nd-degree assault, 2nd-degree kidnapping, and using a child in a display of sexually explicit conduct) are excluded from automatic juvenile-department filing and require an application under ORS 419A.262
  • Unpaid restitution blocks non-violent misdemeanor expunction under ORS 419A.261(3)(c)(F)

Source: ORS 419A.261 (Oregon State Legislature) (ORS 419A.261(2)(a), (3)(a), (3)(c); ORS 419A.261(4)(a), (d); ORS 419A.260(1)(e)(J))

Filing and processing fees

Under ORS 137.225(1)(g) and (2)(e), there is no court filing fee ($0) and no prosecutor fee ($0) to file a motion to set aside an adult conviction, contempt finding, arrest, citation, or charge. For motions to set aside a conviction or contempt finding (not non-conviction motions), the applicant must submit fingerprints and pay one background-check fee to the Department of State Police (OSP) not to exceed the actual cost of performing the criminal record check, and OSP may charge only one fee even if the person is filing set-aside motions in multiple Oregon counties.

Source: ORS 137.225 (Oregon State Legislature) (ORS 137.225(1)(g), (2)(d)–(e); ORS 137.225(2)(d)–(e))

Routes and conditions to check

  • ✓Class B felony convictions (non-person, non-firearm offenses) — 7-year waiting period
  • ✓Class C felony convictions — 5-year waiting period
  • ✓Class A misdemeanor convictions — 3-year waiting period
  • ✓Class B and C misdemeanor convictions, violations, and contempt — 1-year waiting period
  • ✓Arrests where charges were never filed (60 days after prosecutor declines to charge)
  • ✓Dismissed charges and acquittals (no waiting period)
  • ✓Most drug-related felonies, including delivery of controlled substances (per SB 397)
  • ✓Pre-1972 offenses that would qualify if committed under current law

Exclusions and limits to check

  • ✗Class A felonies (except certain marijuana offenses under ORS 137.226)
  • ✗Class B felonies classified as person crimes by the Oregon Criminal Justice Commission
  • ✗Class B felonies involving firearms (ORS 166.429)
  • ✗Sex offenses requiring registration as a sex offender
  • ✗Murder, manslaughter, and criminally negligent homicide
  • ✗Criminal mistreatment of victims age 65 or older or involving child abuse
  • ✗Traffic offenses and DUII convictions
  • ✗Persons currently on probation, parole, or post-prison supervision
  • ✗Persons with pending criminal charges

Waiting Periods

Dismissed charges or acquittalNo waiting period
Arrest with no charges filed60 days after prosecutor declines to charge
Class B or C misdemeanor, violation, or contempt1 year from conviction or release, whichever is later
Class A misdemeanor3 years from conviction or release, whichever is later
Class C felony5 years from conviction or release, whichever is later
Class B felony (non-person, non-firearm)7 years from conviction or release, whichever is later
Probation revoked during waiting period10 years from date of revocation

Step-by-Step Process

1

Determine eligibility

Confirm your conviction is eligible for set aside, the waiting period has passed, you have completed your entire sentence (including probation and financial obligations), and you have no new convictions or pending charges.

2

Obtain your criminal history

Get a copy of your criminal record and identify the case number(s) for each conviction you want set aside. You can request records from the court where your case was heard.

3

Complete the Motion to Set Aside form

Fill out the Motion and Affidavit to Set Aside Conviction (or Arrest) form, available from the Oregon Judicial Department website. Complete one motion per case.

4

Get fingerprinted and submit to Oregon State Police

Obtain a full set of fingerprints on an FBI standard fingerprint card (FD-258) from your local sheriff's office or police department. Submit the card along with the $33 fee (per case) and the Request for Set Aside Criminal Record Check form to the Oregon State Police.

5

File with the court and serve the district attorney

File the original signed motion with the circuit court where your case was heard. There is no court filing fee. Mail a copy of the motion, along with court records, to the district attorney's office in that county.

6

Wait for the district attorney's response

The district attorney has 120 days to investigate and decide whether to object. Victims of the crime may also object or request a hearing. If no objection is filed, the court may grant the order without a hearing.

7

Attend hearing (if required) and receive order

If the DA objects, the court schedules a hearing where a judge weighs your rehabilitation and the public interest. If granted, the court issues an order sealing your record and directing all agencies (including the FBI) to delete or seal the record.

Marijuana Conviction Relief (ORS 137.226 / ORS 475C.397)

Oregon does not have a broad automatic expungement system for adult convictions. However, ORS 137.226 and ORS 475C.397 provide simplified set-aside procedures for certain marijuana convictions that occurred before legalization (April 21, 2017). Juvenile records may be subject to automatic expungement under separate statutes (HB 2677A, 2025).

ScenarioTiming and conditions
Marijuana conviction before April 21, 2017 (conduct now legal)Eligible immediately — simplified motion process
Marijuana conviction before April 21, 2017 (conduct now lower offense)Court treats as Class C misdemeanor for set-aside purposes
Juvenile adjudication (certain offenses)Automatic expungement under HB 2677A (2025)

Costs

Filing fee
No court filing fee (eliminated by SB 397, effective January 1, 2022)
Fee waiver
Not applicable — there is no court filing fee; the $33 OSP fee may be waived for indigent petitioners
Attorney (optional)
$600–$1,000+ per case (optional but recommended for convictions)

Free legal help is available through CLEAR Clinic (Portland), Legal Aid Services of Oregon, Metropolitan Public Defender Community Law Project, and Clean Slate Clackamas

Timeline

With attorney
Approximately 3 months
Standard
3–6 months (the DA has 120 days to respond)

Processing time varies by county and whether the district attorney objects. Including a police report with your filing may speed up the process.

Effects of the relief

  • ✓Record is sealed from public view — will not appear on most background checks
  • ✓You are legally deemed not to have been previously convicted and may answer 'no' to conviction questions on most job and housing applications
  • ✓Restores firearm rights under Oregon state law (per Mohiadeen v. Washington County Sheriff's Office, 2025)
  • ✓Restores eligibility to apply for a concealed handgun license (ORS 166.291)
  • ✓May improve access to professional licensing and educational opportunities
  • ✓Court orders agencies, including the FBI, to seal or delete the record

Limits of the relief

  • ✗Does NOT destroy the record — law enforcement can still access it for limited purposes
  • ✗Does NOT prevent disclosure on government job applications or certain state licensing applications
  • ✗Does NOT affect immigration proceedings — federal agencies may still access the record
  • ✗Does NOT automatically remove records from private background check databases (you may need to contact those companies)
  • ✗Does NOT apply to traffic offenses or DUII convictions
  • ✗Federal firearm prohibitions may still apply even after state set-aside — consult an attorney

Other Relief Options in Oregon

Governor's Pardon

The Governor may grant pardons, commutations, and reprieves for all crimes. Applicants must generally exhaust judicial remedies (set aside) first. Pardons are considered a last resort.

Marijuana Conviction Set Aside (ORS 137.226 / ORS 475C.397)

Simplified set-aside process for marijuana convictions before April 21, 2017. The court evaluates the offense as if it occurred under current law, which may make it a lower-level offense or no longer a crime.

Conviction Review (Resentencing)

Oregon law allows a person convicted of a felony and the district attorney to jointly petition a court to reconsider a sentence or conviction if it no longer advances the interests of justice.

Frequently Asked Questions

How much does it cost to set aside a conviction in Oregon?
There is no court filing fee for set-aside motions in Oregon — the fee was eliminated by SB 397 in 2022. You must pay a $33 fee to the Oregon State Police for a criminal record check for each case. If you hire an attorney, expect to pay $600–$1,000 or more per case. Free legal assistance is available through organizations like CLEAR Clinic, Legal Aid Services of Oregon, and Clean Slate Clackamas.
How long does the set-aside process take in Oregon?
The process typically takes 3 to 6 months. The district attorney has 120 days (about 4 months) to review your motion and decide whether to object. If no objection is filed, the court may grant the order without a hearing. With an attorney, the process often takes about 3 months.
Can a felony be set aside in Oregon?
Yes, many felonies can be set aside. Class C felonies are eligible after 5 years, and Class B felonies that are not classified as person crimes or firearm offenses are eligible after 7 years. Class A felonies are generally not eligible, with limited exceptions for certain marijuana offenses. Person felonies — as defined by the Oregon Criminal Justice Commission — are not eligible.
Does setting aside a conviction restore gun rights in Oregon?
Yes, under Oregon state law. In Mohiadeen v. Washington County Sheriff's Office (2025), the Oregon Court of Appeals confirmed that a successful set-aside under ORS 137.225 restores the right to possess firearms and apply for a concealed handgun license under state law. However, federal firearm prohibitions may still apply, and the Oregon State Police has sometimes denied purchases despite a set-aside — consult an attorney for your specific situation.
Can I set aside a DUII or traffic conviction in Oregon?
No. Traffic offenses and DUII (Driving Under the Influence of Intoxicants) convictions are specifically excluded from the set-aside statute under ORS 137.225. There is currently no mechanism to expunge these offenses in Oregon.
Do I need an attorney to file for a set aside in Oregon?
No, you can file on your own. The Oregon Judicial Department provides free forms and instructions. However, court staff cannot give legal advice on how to fill out the forms. Free legal clinics — including CLEAR Clinic in Portland, Legal Aid Services of Oregon, and the Metropolitan Public Defender Community Law Project — can help at no cost. An attorney is recommended for conviction cases, especially felonies.
What happens if the district attorney objects to my set-aside motion?
If the DA objects, the court will schedule a hearing. At the hearing, the judge weighs factors including your rehabilitation, time since the offense, and the public interest. You have the opportunity to present evidence of your rehabilitation. The judge then decides whether to grant or deny the motion. If denied, you may refile later.
Can I say I was never convicted after a set aside in Oregon?
In most cases, yes. Oregon law provides that once a conviction is set aside, the person 'shall be deemed not to have been previously convicted' and 'may answer accordingly any questions relating to its occurrence.' This means you can generally answer 'no' on job and housing applications. However, you may still need to disclose on government job applications, certain professional licensing applications, and in immigration proceedings.

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