How to 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.

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.

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.

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.