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Set aside, expungement, or expunction in Oregon

Can I clear my record in Oregon?

Oregon clears records by 'setting aside' a conviction or arrest and sealing the records, often called expungement.

Limited automatic clearing

How did your case end?

Pick the one that matches. We'll show the routes Oregon law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

Most misdemeanors, Class C felonies and Class B felonies that are not person felonies can be set aside after 1 to 7 years, and arrests or dismissed charges soon after the case ends; there is no court filing fee, but a conviction set-aside needs a $33 State Police background check. Traffic offenses, including DUII, and most sex crimes cannot be set aside. Set-asides need a motion, but courts must seal records of drug possession charged as a 'drug enforcement misdemeanor' (a crime since September 1, 2024) on their own, including 3 years after a conviction.1,2,3,4

Checked October 21, 2026 against 24 sources, starting with Oregon law, then by a second reader.

What it's called
Set aside, expungement, or expunction1,2,3
Automatic clearing
Limited8,9,11
DUI or DWI
Can't be cleared2,3,5
Filing fee
No filing fee1,2,3
Fee waiver
Not confirmed

Set-aside

Setting aside a conviction (motion to set aside)

The court enters an order and seals the conviction and other official records in the case, including arrest records. You are 'deemed not to have been previously convicted,' the conviction is 'deemed not to have occurred,' and you may answer questions about it accordingly. In a civil case where truth is an element of a claim or defense, a party can ask the court to disclose sealed records, and a prosecutor or defendant can ask to reopen them for a limited investigation (ORS 137.225). Oregon Law Help warns that a set-aside conviction may still show up in some government background checks, for example for firearm purchases, government jobs, foster or caregiver applications and immigration cases.1,2,3,4

What it's for: Most misdemeanors, Class C felonies, Class B felonies that are not person felonies, violations and contempt findings.

Who can use it

  • A Class B felony, except a violation of ORS 166.429 (firearm used in a felony) or a crime classified as a person felony under Oregon Criminal Justice Commission rules (ORS 137.225(5)(a)).
  • Any misdemeanor, Class C felony, or felony punishable as a misdemeanor under ORS 161.705 (ORS 137.225(5)(b)).
  • A violation under state law or local ordinance, and a finding of contempt of court (ORS 137.225(5)(c), (e)).
  • You must have fully complied with and performed the sentence; a person still under supervision has not (ORS 137.225(1)(a)). OJD's instructions say this includes probation, restitution and fines.
  • No other conviction, apart from motor vehicle violations, during the waiting period, and no pending criminal charges (ORS 137.225; OJD set-aside instructions).
  • If you qualify, the court must grant the motion unless it finds, in writing and by clear and convincing evidence, that your conduct since the conviction creates a risk to public safety. It may not weigh nonpunitive civil liability, monetary obligations or motor vehicle violations in that decision (ORS 137.225).

What doesn't qualify

  • Class A felonies; they are not on the list of convictions that can be set aside (ORS 137.225(5); OJD set-aside instructions).
  • Class B felonies that are person felonies, and violations of ORS 166.429 (ORS 137.225(5)(a)).
  • Criminal mistreatment in the first or second degree when the victim was 65 or older, criminal mistreatment in the first degree or endangering the welfare of a minor when it was child abuse, criminally negligent homicide as a Class C felony, and assault in the third degree under ORS 163.165(1)(h) (ORS 137.225(6)(a)-(e)).
  • Most sex crimes, with narrow exceptions for some people relieved of sex offender reporting and some Class C felonies involving young people close in age (ORS 137.225(6)(f)).
  • State or municipal traffic offenses, including DUII (ORS 137.225; OJD set-aside instructions).
  • Anyone with a pending criminal charge (ORS 137.225; OJD set-aside instructions).

How long you have to wait

RecordWaiting period
Class B felony7 yearsFrom the later of the conviction date or release from imprisonment for the conviction (ORS 137.225; OJD set-aside instructions, January 2026).
Class C felony5 yearsFrom the later of conviction or release from imprisonment.
Contempt finding for violating an order related to abuse or a person crime5 yearsOJD set-aside instructions, January 2026.
Class A misdemeanor3 yearsFrom the later of conviction or release from imprisonment.
Class B or C misdemeanor, violation, or other contempt finding1 yearFrom the later of conviction or release from imprisonment.
Probation was revokedThe later of 3 years from revocation or the regular waiting periodORS 137.225; OJD set-aside instructions.

How to apply

  1. Get OJD's free statewide set-aside forms: the Motion to Set Aside and Seal and Declaration of Eligibility, with a certificate of mailing (OJD forms page).
  2. Get fingerprinted on an FBI standard FD-258 card; the reason fingerprinted must cite ORS 137.225. Mail the card, the State Police 'Request for Set Aside Criminal Record Check' form and a $33 check or money order payable to Oregon State Police to: Oregon State Police, CJIS - Unit 11, ATTN: SET ASIDE, P.O. Box 4395, Portland, OR 97208-4395. The State Police send the results to the prosecutor (Oregon State Police).
  3. File the motion with the court that handled your case and mail a copy to the prosecutor (OJD set-aside instructions; ORS 137.225).
  4. The prosecutor has 120 days from filing to object and must notify the victim. If the prosecutor objects, the court holds a hearing where the victim may speak (ORS 137.225).
  5. If the motion is granted, the order is sent to the agencies holding your records and you get a copy (Marion County Circuit Court).
Where to file
The court that handled the case: usually the circuit court in the county of conviction, or the municipal or justice court that handled it (Marion County Circuit Court). OJD's statewide packet is only for circuit court cases; for a municipal or justice court case, file with that court (OJD set-aside instructions; Marion County Circuit Court).
Cost
No court filing fee: a person filing a set-aside motion 'is not required to pay the filing fee' (ORS 137.225(1)(f)), and OJD's motion form says 'No Filing Fee.' For a conviction you pay the Oregon State Police $33 for a fingerprint-based record check (Oregon State Police; Oregon Law Help). Fingerprinting may cost extra. The prosecutor may not charge a fee (ORS 137.225).
Court hearing
Sometimes
How long it takes
Marion County Circuit Court says the process takes about three to nine months.

Official forms

Set-aside

Setting aside an arrest, citation or charge that did not lead to a conviction

The records are sealed and you are deemed not to have been arrested, cited or charged, and may answer questions accordingly. If no charges were filed, a prosecutor can still unseal the records to start a case within the statute of limitations, with written notice to you (ORS 137.225).1,2,3,5

What it's for: Arrests, citations and charges that were never filed, were dismissed, or ended in acquittal.

Who can use it

  • An arrest or citation where no accusatory instrument was filed, 60 days after the prosecutor indicates the state will not proceed (ORS 137.225).
  • A charge that was dismissed or ended in acquittal, at any time after the dismissal or acquittal (ORS 137.225).
  • No pending criminal charges (OJD set-aside instructions).

What doesn't qualify

  • A DUII charge dismissed after you completed a DUII diversion agreement under ORS 813.200 (ORS 137.225; OJD set-aside instructions; Marion County Circuit Court).
  • Anyone with open criminal charges (OJD set-aside instructions).

How long you have to wait

RecordWaiting period
Arrest or citation, no charges filed60 days after the prosecutor indicates it will not proceedORS 137.225
Charge dismissed or acquittalAny time after the dismissal or acquittalORS 137.225

How to apply

  1. Use OJD's free set-aside forms and choose the arrest or charge option.
  2. File the motion in the county where you were arrested, cited or charged, and mail a copy to the prosecutor (ORS 137.225; OJD set-aside instructions).
  3. If the prosecutor objects within 120 days, the court holds a hearing (ORS 137.225).
Where to file
The court in the county where you were arrested, cited or charged (ORS 137.225).
Cost
No court filing fee (ORS 137.225(1)(f)). OJD's instructions and Oregon Law Help describe the $33 State Police check as required for conviction set-asides; we did not confirm whether it applies to arrest-only motions.
Court hearing
Sometimes

Official forms

Sealing

Automatic sealing of drug possession records (drug enforcement misdemeanor)

The court enters an order sealing all records of the arrest or citation, the charges and, if there was one, the conviction, and the clerk sends copies to the agencies the court directs. After a deflection program, or two years with no prosecution, police, the district attorney and the court must also seal their own records, which are then 'not subject to disclosure' under Oregon's public records law (section 54, chapter 70, Oregon Laws 2024, as amended by SB 236 (2025); codified as ORS 137.224). The law we read does not say whether you may deny the case on applications.8,9,10

What it's for: Unlawful possession of a controlled substance charged as a 'drug enforcement misdemeanor,' the possession crime that HB 4002 (2024) created and that took effect September 1, 2024.

Who can use it

  • You completed a deflection program after a possession referral: police and the district attorney must seal their records within 60 days after completion is verified, and the court must seal its electronic records (section 54(1), as amended).
  • Two years have passed since the offense with no further prosecution on the citation: police, the district attorney and the court must seal the records within 60 days after that (section 54(2), as amended).
  • Your case was dismissed after you completed a probation agreement, you completed probation, or you were acquitted: the court must order the records sealed within 90 days (section 54(3), as amended).
  • Three years have passed since the judgment of conviction: the court must, within 60 days after that, seal all records of the arrest or citation, charges and conviction. Time while a warrant is active does not count (section 54(4), as amended).
  • Three years have passed since a dismissal that was not already sealed: the court must seal within 60 days (section 54(4), as amended).

What doesn't qualify

  • The court may not seal while the case has an active warrant (section 54(6), as amended).
  • Drug records are not sealed until all drug records in the case qualify, or while other non-drug records in the case remain, unless the court finds that sealing them earlier serves the interests of the person and the public (section 54(5), (7), as amended).

How long you have to wait

RecordWaiting period
Deflection program completedSealed within 60 days after completion is verifiedSection 54(1), chapter 70, Oregon Laws 2024, as amended by SB 236 (2025).
Citation with no further prosecution2 years from the offense, then sealed within 60 daysSection 54(2), as amended.
Dismissal after a probation agreement, completed probation, or acquittalSealed within 90 daysSection 54(3), as amended.
Conviction3 years from the judgment, then sealed within 60 daysTime with an active warrant does not count (section 54(4), as amended).

Happens automatically. The law puts the duty on the court and agencies and does not require you to file a motion or pay a fee (section 54, chapter 70, Oregon Laws 2024, as amended by SB 236, which took effect on passage in 2025).

How to apply

  1. No filing is required: the court and agencies must seal these records on their own (section 54 as amended by SB 236).
  2. Possession cases that were not drug enforcement misdemeanors are not covered by this sealing; they use the regular motion to set aside under ORS 137.225 if they are otherwise eligible.
Where to file
The court that handled the possession case; no filing is needed.
Cost
Section 54 does not require a motion or a fee.
How long it takes
Within 60 or 90 days after the qualifying event or period, depending on the route (section 54, as amended).

Automatic clearing

Oregon has no broad automatic set-aside. Set-asides under ORS 137.225 need a motion; OJD's January 2026 instructions and Oregon Law Help (reviewed July 2026) describe only the motion process; SB 698 (2023), an automatic-sealing bill, was sent to Rules without a recommendation and we found no record it passed; and a 2025 amendment removed a proposed OJD study of automatic expunction from HB 3825. The exception is drug possession charged as a 'drug enforcement misdemeanor,' the crime HB 4002 (2024) created effective September 1, 2024: under section 54 of that act (now ORS 137.224), as amended by SB 236 (2025, effective on passage), courts and agencies must seal those records on their own after deflection, two years without prosecution, dismissal after a probation agreement, completed probation or acquittal, and 3 years after a conviction. We could not confirm the date the sealing rules first applied, so no effective date is given. SB 397 (2021), effective January 1, 2022, shortened waiting periods and removed filing fees but did not make set-asides automatic.3,8,9,11,12,13,14

DUI and DWI records in Oregon

A DUII (driving under the influence of intoxicants) conviction cannot be set aside in Oregon. ORS 137.225 does not apply to state or municipal traffic offenses, and OJD's instructions list traffic offense convictions as ineligible. A DUII charge that was dismissed after you completed a DUII diversion agreement under ORS 813.200 cannot be set aside either (ORS 137.225; OJD set-aside instructions). Marion County Circuit Court states that DUIIs cannot be set aside, even after diversion and dismissal. Motor vehicle violations do not count as 'other convictions' that would block setting aside a different, eligible conviction (ORS 137.225).2,3,5

Arrests and dismissed charges

Arrests, citations and charges that did not lead to a conviction are set aside by the same motion. If no charges were filed, you can file 60 days after the prosecutor indicates it won't proceed; after a dismissal or acquittal, you can file any time. There is no court filing fee. A DUII charge dismissed after diversion cannot be set aside (ORS 137.225; OJD set-aside instructions). For drug possession charged as a drug enforcement misdemeanor, the court must seal the records on its own within 90 days after an acquittal or a dismissal following a probation agreement, and records are also sealed after a deflection program or two years without prosecution (section 54, chapter 70, Oregon Laws 2024, as amended by SB 236 (2025)).2,3,8

Marijuana records

ORS 137.226 adds two marijuana-specific rules. For a conviction where possession, delivery or manufacture of marijuana is an element, a person who was under 21 at the time of conviction, has no other conviction (other than motor vehicle violations) and has completed the sentence can move to set it aside one year after the judgment. For marijuana conduct before April 21, 2017, the court treats the offense under its current, often lower, classification when deciding a set-aside motion, and treats it as a Class C misdemeanor if it is no longer a crime. Separately, HB 3825 (2025, chapter 395, effective 91 days after the 2025 session adjourned) ends collection on municipal and justice court judgments for possessing less than one ounce of marijuana (convictions before July 1, 2015, per the Senate Judiciary summary of the final version) and treats the person as having fully complied with that part of the sentence for set-aside purposes; restitution is not discharged.12,15,16,17

What employers can see afterward

After a set-aside, the conviction or arrest is deemed not to have occurred and you may answer questions about it accordingly (ORS 137.225). Oregon Law Help says that in most cases you can say you have no criminal history on job or housing applications, but you may need to disclose it for government jobs and immigration matters. Separately, Oregon's ban-the-box law makes it unlawful for an employer to exclude an applicant from an initial interview solely because of a past conviction, which includes requiring disclosure on the application, before the initial interview, or (with no interview) before a conditional offer. Employers may still consider conviction history in the hiring decision. Exceptions include law enforcement and criminal justice employers, volunteers, and cases where other law requires considering criminal history (ORS 659A.360).2,6,18

Free help in Oregon

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.20,21,22
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.23,24

This page explains Oregon's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in Oregon?" https://secondchanceindex.com/record-clearing/oregon, checked October 21, 2026.

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Sources

Each source was opened and checked on October 21, 2026.

  1. ORS 137.225
  2. ORS 137.225 (2023 Edition with 2024 changes, republished)public.law, republishing the Oregon Revised Statutes
  3. Criminal Set Aside: Adult Cases (instructions and forms, January 2026)Oregon Judicial Department
  4. Criminal Justice Information Services: Set Aside (Expungement) InformationOregon State Police
  5. Set AsideMarion County Circuit Court (Oregon Judicial Department)
  6. How to Clear (Expunge) Your Criminal Record in Oregon (last reviewed July 2026)Oregon Law Help (Oregon State Bar)
  7. HB 2639 (2025) measure overview (in House Judiciary, no chapter number)Oregon Legislature
  8. ORS 137.224 (section 54, chapter 70, Oregon Laws 2024, as amended by section 26, chapter 532, Oregon Laws 2025 (SB 236))
  9. SB 236 (2025) measure overview (Chapter 532)Oregon Legislature
  10. HB 4002 (2024) staff measure summaryOregon Legislature
  11. House Bill 4002: Recriminalization of Street Drugs in OregonMarion County District Attorney
  12. HB 3825 (2025), A-engrossed staff measure summaryOregon Legislature
  13. SB 698 (2023) staff measure summaryOregon Legislature, Senate Committee on Judiciary
  14. OJD testimony on HB 2639 (March 31, 2025)Oregon Judicial Department, via Oregon Legislature
  15. ORS 137.226 (2023 Edition with 2024 changes, republished)public.law, republishing the Oregon Revised Statutes
  16. HB 3825 (2025) measure overview (Chapter 395)Oregon Legislature
  17. HB 3825 (2025), B-engrossed staff measure summary (Senate Judiciary)Oregon Legislature
  18. ORS 659A.360 (2023 Edition with 2024 changes, republished)public.law, republishing the Oregon Revised Statutes
  19. 2026 Update to the 2025 ORS, Volume 4 (chapters 131-169)Oregon Legislature, Legislative Counsel
  20. List of consumer reporting companiesConsumer Financial Protection Bureau
  21. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  22. Employer Background Checks and Your RightsFederal Trade Commission
  23. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  24. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)