Expunging or Sealing Adult Criminal Records in Oregon

In Oregon, the process of expunging a criminal record is called "expunction" or "setting aside." If your record is set aside, it will no longer be visible to the general public, including potential employers. In most cases, you may say that you were never arrested or convicted of a crime. (Oregon Revised Statutes § 137.225(3) (2018).)

Setting Aside a Record in Oregon if You Were Not Convicted of a Crime

You were arrested but not charged with a crime. You may petition to have the record set aside after waiting for one year from the date of the arrest.

You were charged with a crime, but not convicted. You may petition to have your record set aside if the charges against you were dismissed or you were acquitted. There is no waiting period, but your record will not be eligible if any of the following are true:

• you were arrested for anything other than a traffic offense within the previous three years
• you were convicted of a crime, other than a traffic offense, within the last ten years
• you have had a conviction set aside within the last ten years
• there are current criminal proceedings against you, or
• you were arrested for driving while under the influence of intoxicants and the charge was dismissed after you completed a diversion agreement.

(Oregon Revised Statutes § 137.225 (2018).)

Setting Aside a Record in Oregon if You Were Convicted of a Crime

Many types of convictions can be set aside in Oregon, including violations, misdemeanors, Class C felonies, and many Class B felonies. To qualify, all of the following must be true:

• you completed all the requirements of your sentence, including any period of probation
• you have not been convicted of another crime, other than a traffic violation, in the past ten years
• you have not set aside another conviction in the past ten years, and
• there are no current criminal proceedings against you.

Before applying, you must wait three years from the date of your conviction for all offenses other than Class B felonies. For Class B felonies, the waiting period is 20 years from the date of your conviction or release from incarceration, whichever is later.

Most Class A felonies and some Class B felonies may not be set aside. In addition, you cannot set aside traffic violations, DUIs, certain crimes against children or the elderly, most violent crimes, and most sex offenses.

(Oregon Revised Statutes § 137.225 (2018).)

How to File

You must apply in the court where you were convicted or, if you were arrested but not convicted, in the circuit court of the county where the arrest occurred. Some courts have forms available for your use.

Getting Legal Help

Cleaning up your criminal history can be complicated, and the law can change at any time. If you are not sure whether your record qualifies for expungement in Oregon—or for advice about your personal situation—you should contact a qualified criminal law attorney. A good lawyer can guide you each step of the way.