Expunging or Sealing a Felony in Oregon
Which felony convictions can be expunged or sealed in Oregon, the waiting period, and how to file.
Short answer: Class C felonies can be set aside five years after conviction or release from imprisonment, whichever is later. ORS 137.225(1)(b), (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) |
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| 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) |
| What clearing a record does | 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. The sections reviewed do not address firearm rights. A state set-aside may not change how federal immigration authorities treat a conviction. |
Where to get help in Oregon
More Oregon expungement & criminal records
- Getting a Copy of Your Oregon Criminal Record
- Clearing a DUI From Your Record in Oregon
- How to File for Expungement in Oregon
- Sealing or Expunging Juvenile Records in Oregon
- All Oregon expungement & criminal records rules
FAQ
Can a felony be expunged in Oregon?
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.
How do you file for expungement in Oregon?
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.
What happens after a record is expunged or sealed in Oregon?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.