The main law governing this is ORS 137.225 (and related statutes). Here’s a clear, practical breakdown of how it works 👇
🔹 1. What “expungement” means in Oregon
- Oregon uses the term “set aside” (expunction) rather than true deletion.
- If granted:
- The record is sealed from public view
- Legally, the offense is treated as if it never happened in most situations
- However, law enforcement and courts may still access it in limited circumstances.
🔹 2. What records can be cleared
Oregon allows many, but not all, records to be set aside:
✅ Generally eligible
- Most misdemeanors
- Many Class C felonies
- Some Class B non-person felonies
- Arrests, charges, or cases that were:
- Dismissed
- Not filed
- Acquitted
❌ Generally NOT eligible
- Most sex offenses
- Many traffic crimes
- Class A felonies (unless reduced)
- Some violent “person” felonies (with limited exceptions)
🔹 3. Waiting periods (very important)
The timeline depends on the offense level:
🟢 Non-convictions (best-case scenarios)
- Acquittal or dismissal → can apply immediately
- No charges filed → after 60 days
🟡 Misdemeanors
- Class A misdemeanor → 3 years
- Class B/C misdemeanor → 1 year
🔴 Felonies
- Class C felony → 5 years
- Class B felony → 7 years
- Some serious Class B “person” felonies → up to 20 years
👉 The clock usually starts after:
- conviction or
- release from custody (whichever is later)
🔹 4. Basic eligibility requirements
To qualify, you generally must:
- ✔️ Complete all terms of your sentence
- probation, fines, restitution
- ✔️ Not be on supervision (probation/parole)
- ✔️ Have a clean record for a period of time
- often no new convictions within 10 years
🔹 5. The process
Expungement is not automatic. You must:
- File a motion to set aside in the court where the case occurred
- Submit fingerprints to the state police
- Notify the prosecutor
- Wait for:
- possible objection, or
- court approval
If granted:
- The court orders the record sealed
- You can usually legally say the conviction did not occur
🔹 6. Pardons in Oregon (different from expungement)
A pardon is separate and comes from the governor:
- It does not erase the conviction
- It is official forgiveness
- After a pardon, you may request the record be sealed under Oregon law
🔹 7. Juvenile records (brief note)
- Often easier to expunge
- Some cases are automatically expunged
- Others require application, usually after turning 18 and waiting a set period
⚖️ Bottom line
- Oregon is considered a moderately flexible expungement state
- Many people qualify, but:
- waiting periods vary widely
- not all crimes are eligible
- you must actively apply