Question 1

Can you get a criminal record expunged in Oregon?

Accepted Answer

Oregon lets a court "set aside" a conviction, a contempt finding, or a record of arrest, citation or charge. When the court grants the motion, it also orders the records sealed, and the matter is treated as if it never happened. Separate laws provide for sealing certain drug-possession records, setting aside certain marijuana convictions, and "expunction" of juvenile records. The Governor can grant pardons.

Question 2

Can you clear an arrest or dismissed charge in Oregon?

Accepted Answer

If no charging document was filed, a person may ask the court to set aside the arrest, citation or charge 60 days after the prosecutor decides not to prosecute. After an acquittal or dismissal, a person may apply at any time. The court must grant these motions, and all records of the case, including the arrest, are sealed. Excluded: a DUII arrest dismissed after the person completed DUII diversion, dismissed traffic-violation citations, and anyone who has a criminal charge pending at the time.

Question 3

Can a misdemeanor be expunged in Oregon?

Accepted Answer

Any misdemeanor may be set aside once the sentence is fully completed and the waiting period has passed. The waiting period runs from conviction or release from jail, whichever is later: three years for a Class A misdemeanor, and one year for a Class B or C misdemeanor or a violation. The person also must have no other conviction during that same period before filing, not counting motor vehicle violations or drug-enforcement misdemeanors. A person still on supervision is not eligible. If probation was revoked, the person must wait at least three years from the revocation. Excluded: certain crimes against elderly victims or children, most sex crimes, and traffic offenses.

Question 4

Can a felony be expunged in Oregon?

Accepted Answer

Class C felonies can be set aside five years after conviction or release from imprisonment, whichever is later. Class B felonies can be set aside after seven years, except person felonies (as defined by the Oregon Criminal Justice Commission) and violations of ORS 166.429. Class A felonies are not on the list of eligible convictions. The person must have no other conviction during the same period before filing, not counting motor vehicle violations or drug-enforcement misdemeanors. Also excluded are most sex crimes (with limited exceptions for people relieved of registration), criminally negligent homicide as a Class C felony, certain third-degree assaults, and certain criminal mistreatment or child-endangerment offenses.

Question 5

Does Oregon have automatic record clearing (clean slate)?

Accepted Answer

Some drug-possession records are sealed without a motion. Records of unlawful possession of a controlled substance charged as a drug-enforcement misdemeanor must be sealed within 60 days after the person completes a deflection program. They must also be sealed two years after the offense if there has been no further prosecution. The court must enter a sealing order within 90 days after the person completes probation, gets a dismissal, or is acquitted on that charge. In juvenile cases, the juvenile department must file for expunction of eligible records within 90 days after the person turns 18, and the court grants it without a hearing.

Question 6

Can a DUI be expunged in Oregon?

Accepted Answer

No. Convictions for state or municipal traffic offenses cannot be set aside under ORS 137.225, and Oregon defines a "traffic offense" to include offenses penalized in the vehicle code, where DUII appears. A DUII arrest or charge that was dismissed after the person completed a DUII diversion agreement also cannot be set aside.

Question 7

How do you seal a juvenile record in Oregon?

Accepted Answer

Juvenile records are cleared through "expunction." A person who had contact with a juvenile department but was never found to be within the juvenile court's jurisdiction is entitled to expunction without a hearing after turning 18. The juvenile department must file the application within 90 days after the 18th birthday, or after a request from a person who was already an adult in 2022. People adjudicated for acts that would be violations or certain misdemeanors or felonies may also qualify without a hearing after age 18, subject to listed exceptions. There are other processes for other records and for marijuana adjudications. After expunction, agencies must answer that no record exists, and the person may say the contact never occurred without committing perjury.

Question 8

How do you file for expungement in Oregon?

Accepted Answer

File a motion to set aside in the court where the conviction was entered. For arrests or charges, file in the county of the arrest, citation or charge. Serve a copy on the prosecutor, who has 120 days to object and must notify any victim. Send a full set of fingerprints to the Oregon State Police and pay its criminal record check fee. If the prosecutor objects, the court holds a hearing where the victim may speak. If the person is otherwise eligible, the court must grant the motion unless it finds, by clear and convincing evidence, that the person's behavior since the conviction creates a risk to public safety. If there is no objection, the court grants the motion. The State Court Administrator is required to create statewide motion and order forms.

Question 9

How much does expungement cost in Oregon?

Accepted Answer

There is no court filing fee for a motion to set aside. The person must pay the Oregon State Police a criminal record check fee, which may not exceed the actual cost and is charged only once even if motions are filed in several counties. The prosecutor may not charge a fee.

Question 10

What happens after a record is expunged or sealed in Oregon?

Accepted Answer

Once the order is entered, the person is legally treated as never having been convicted (or arrested, cited or charged), and the records are sealed. The conviction, arrest or other proceeding is treated as not having occurred, and the person may answer questions about it accordingly. A set-aside conviction still counts when deciding eligibility for future set-asides. Sealed records can be reopened for an investigation on a showing of good cause. In civil cases where truth is an issue, a party may ask the court for disclosure.

Question 11

How do you get a pardon in Oregon?

Accepted Answer

Under the Oregon Constitution, the Governor has the power to grant pardons, and only for Oregon convictions. An Oregon Judicial Department FAQ about the 2022 marijuana pardons describes a pardon as complete forgiveness for a crime. It says pardoned cases were sealed by the circuit courts, so they no longer appear in public court record checks but may still appear, marked as pardoned, in checks by law enforcement or licensing authorities.

Question 12

Can old marijuana convictions be cleared in Oregon?

Accepted Answer

Marijuana convictions for conduct before April 21, 2017 are evaluated for set-aside as if they were classified under current law. If the conduct is no longer a crime, it is treated as a Class C misdemeanor. A person who was under 21 at conviction can have a marijuana conviction set aside one year after judgment if they have no other convictions (other than motor vehicle violations) and have completed the sentence. On November 21, 2022, the Governor pardoned about 47,000 state convictions for possession of one ounce or less of marijuana in pre-2015 cases where that was the only charge, there was no victim, and the person was 21 or older. Those cases were sealed without any action by the person.

Question 13

How do I check my own criminal record in Oregon?

Accepted Answer

Oregon State Police (OSP), Criminal Justice Information Services (CJIS) Division, provides a "Copy of Own Record." Send the request form, a hard-copy fingerprint card (blue FD-258, properly rolled; electronic or previously submitted prints aren't accepted) and the $33 fee (check or money order by mail; card in person in Salem) to Oregon State Police - CJIS Division, Unit 11, P O Box 4395, Portland, OR 97208-4395. Prints can be taken by local law enforcement, a fingerprinting service, or at OSP in Salem for $30. Processing generally takes 7-10 business days plus mail time. The result covers Oregon only; national records require a separate FBI request.

What relief the state offers	Oregon lets a court "set aside" a conviction, a contempt finding, or a record of arrest, citation or charge. When the court grants the motion, it also orders the records sealed, and the matter is treated as if it never happened. Separate laws provide for sealing certain drug-possession records, setting aside certain marijuana convictions, and "expunction" of juvenile records. The Governor can grant pardons. Source: ORS 137.225, 137.224, 137.226, 419A.260-419A.269
Arrests and dismissed charges	If no charging document was filed, a person may ask the court to set aside the arrest, citation or charge 60 days after the prosecutor decides not to prosecute. After an acquittal or dismissal, a person may apply at any time. The court must grant these motions, and all records of the case, including the arrest, are sealed. Excluded: a DUII arrest dismissed after the person completed DUII diversion, dismissed traffic-violation citations, and anyone who has a criminal charge pending at the time. Source: ORS 137.225(1)(c)-(d), (3)(b), (8)
Misdemeanor convictions	Any misdemeanor may be set aside once the sentence is fully completed and the waiting period has passed. The waiting period runs from conviction or release from jail, whichever is later: three years for a Class A misdemeanor, and one year for a Class B or C misdemeanor or a violation. The person also must have no other conviction during that same period before filing, not counting motor vehicle violations or drug-enforcement misdemeanors. A person still on supervision is not eligible. If probation was revoked, the person must wait at least three years from the revocation. Excluded: certain crimes against elderly victims or children, most sex crimes, and traffic offenses. Source: ORS 137.225(1)(a)-(b), (1)(e), (5), (6), (7)
Felony convictions	Class C felonies can be set aside five years after conviction or release from imprisonment, whichever is later. Class B felonies can be set aside after seven years, except person felonies (as defined by the Oregon Criminal Justice Commission) and violations of ORS 166.429. Class A felonies are not on the list of eligible convictions. The person must have no other conviction during the same period before filing, not counting motor vehicle violations or drug-enforcement misdemeanors. Also excluded are most sex crimes (with limited exceptions for people relieved of registration), criminally negligent homicide as a Class C felony, certain third-degree assaults, and certain criminal mistreatment or child-endangerment offenses. Source: ORS 137.225(1)(b), (5), (6), (7)
DUI / DWI convictions	No. Convictions for state or municipal traffic offenses cannot be set aside under ORS 137.225, and Oregon defines a "traffic offense" to include offenses penalized in the vehicle code, where DUII appears. A DUII arrest or charge that was dismissed after the person completed a DUII diversion agreement also cannot be set aside. Source: ORS 137.225(7)(a)(A), (8)(a); ORS 801.555
Juvenile records	Juvenile records are cleared through "expunction." A person who had contact with a juvenile department but was never found to be within the juvenile court's jurisdiction is entitled to expunction without a hearing after turning 18. The juvenile department must file the application within 90 days after the 18th birthday, or after a request from a person who was already an adult in 2022. People adjudicated for acts that would be violations or certain misdemeanors or felonies may also qualify without a hearing after age 18, subject to listed exceptions. There are other processes for other records and for marijuana adjudications. After expunction, agencies must answer that no record exists, and the person may say the contact never occurred without committing perjury. Source: ORS 419A.261, 419A.262, 419A.265, 419A.269
Past marijuana convictions	Marijuana convictions for conduct before April 21, 2017 are evaluated for set-aside as if they were classified under current law. If the conduct is no longer a crime, it is treated as a Class C misdemeanor. A person who was under 21 at conviction can have a marijuana conviction set aside one year after judgment if they have no other convictions (other than motor vehicle violations) and have completed the sentence. On November 21, 2022, the Governor pardoned about 47,000 state convictions for possession of one ounce or less of marijuana in pre-2015 cases where that was the only charge, there was no victim, and the person was 21 or older. Those cases were sealed without any action by the person. Source: ORS 137.226; Oregon Judicial Department Marijuana Pardons FAQ

How to apply	File a motion to set aside in the court where the conviction was entered. For arrests or charges, file in the county of the arrest, citation or charge. Serve a copy on the prosecutor, who has 120 days to object and must notify any victim. Send a full set of fingerprints to the Oregon State Police and pay its criminal record check fee. If the prosecutor objects, the court holds a hearing where the victim may speak. If the person is otherwise eligible, the court must grant the motion unless it finds, by clear and convincing evidence, that the person's behavior since the conviction creates a risk to public safety. If there is no objection, the court grants the motion. The State Court Administrator is required to create statewide motion and order forms. Source: ORS 137.225(1)-(3), (12)
Filing fee	There is no court filing fee for a motion to set aside. The person must pay the Oregon State Police a criminal record check fee, which may not exceed the actual cost and is charged only once even if motions are filed in several counties. The prosecutor may not charge a fee. The statute does not state the current State Police fee amount. Source: ORS 137.225(1)(g), (2)(d)-(e)
Automatic (clean slate) relief	Some drug-possession records are sealed without a motion. Records of unlawful possession of a controlled substance charged as a drug-enforcement misdemeanor must be sealed within 60 days after the person completes a deflection program. They must also be sealed two years after the offense if there has been no further prosecution. The court must enter a sealing order within 90 days after the person completes probation, gets a dismissal, or is acquitted on that charge. In juvenile cases, the juvenile department must file for expunction of eligible records within 90 days after the person turns 18, and the court grants it without a hearing. Most adult convictions still require a motion under ORS 137.225. Source: ORS 137.224; ORS 419A.261
Getting a copy of your criminal record	Oregon State Police (OSP), Criminal Justice Information Services (CJIS) Division, provides a "Copy of Own Record." Send the request form, a hard-copy fingerprint card (blue FD-258, properly rolled; electronic or previously submitted prints aren't accepted) and the $33 fee (check or money order by mail; card in person in Salem) to Oregon State Police - CJIS Division, Unit 11, P O Box 4395, Portland, OR 97208-4395. Prints can be taken by local law enforcement, a fingerprinting service, or at OSP in Salem for $30. Processing generally takes 7-10 business days plus mail time. The result covers Oregon only; national records require a separate FBI request. Source: Oregon State Police, Criminal History Record Checks

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