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Expunging a Criminal Record in Oregon (2026)

Reviewed by DocDraft Legal Team · Oregon · Last updated August 19, 2026

In Oregon, clearing a criminal record is called a set-aside, and it is governed by ORS 137.225. A set-aside seals the conviction or arrest so it does not appear on most background checks and lets you lawfully deny it in most settings, though law enforcement and some agencies can still access sealed records. Senate Bill 397, effective January 1, 2022, shortened the waiting periods and expanded eligibility for many misdemeanors and eligible felonies. Oregon is petition-based and has no automatic clean-slate sealing, so you must file a motion with the circuit court in the county of conviction. The Oregon State Police is the state repository that updates the record.

Find out where you stand in Oregon

What are you trying to clear?

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What record-clearing relief does Oregon offer and what is it called?

Oregon calls it a set-aside, sometimes described as expungement, under ORS 137.225. A granted set-aside seals the conviction or arrest so it does not show on most background checks, and you may lawfully deny it in most settings. It is not total destruction: police and certain agencies can still access sealed records.

What is eligible to set aside in Oregon and what is the waiting period?

Under ORS 137.225 as amended by SB 397, eligible Class B and C misdemeanors have a one-year wait, Class A misdemeanors three years, eligible Class C felonies five years, and Class B felonies seven years, measured from conviction or release, whichever is later. You must stay conviction-free during the waiting period.

Can you expunge or set aside a felony in Oregon?

Yes, some felonies. Eligible Class C felonies can be set aside after five years and eligible Class B felonies after seven years under ORS 137.225. Class A felonies, most sex offenses, and most serious person felonies are categorically excluded. Traffic offenses, including DUII, generally cannot be set aside in Oregon.

Does Oregon have automatic clean-slate sealing of records?

No. Oregon has no automatic clean-slate law, so records are not sealed on their own. Relief under ORS 137.225 is petition-based: you must file a motion with the circuit court in the county where the case occurred. SB 397 shortened waits and expanded eligibility, but the process still requires an application.

Is a person eligible to set aside a record in Oregon if they have other convictions?

Eligibility under ORS 137.225 requires that you have no other convictions during the applicable waiting period and that the target offense is not excluded. Traffic offenses, Class A felonies, most sex offenses, and many serious person felonies cannot be set aside. Pending charges and unpaid restitution can also block relief until resolved.

Oregon's Set-Aside Under ORS 137.225 and the SB 397 Waiting Periods

Oregon clears eligible criminal records through a set-aside under ORS 137.225, which seals the conviction or arrest so it does not appear on most background checks and lets you deny it in most settings, while law enforcement and some licensing agencies retain access. Senate Bill 397, effective January 1, 2022, reduced most waiting periods and broadened eligibility. Eligible Class B and C misdemeanors require a one-year wait, Class A misdemeanors three years, eligible Class C felonies five years, and eligible Class B felonies seven years, each measured from the date of conviction or release from imprisonment, whichever is later, with no new convictions during that time. Arrests and non-convictions clear faster: a record of arrest with no charge filed can be set aside one year after arrest, and an acquittal or dismissal can be set aside immediately. Traffic offenses including DUII, Class A felonies, most sex offenses, and many serious person felonies are categorically excluded. Oregon has no automatic clean-slate sealing, so relief is petition-only. You file a motion in the circuit court for the county where the conviction or arrest occurred, and the Oregon State Police Bureau of Criminal Identification is the state repository that updates the record once a set-aside is granted.

Relevant Laws

Oregon Set-Aside Statute (ORS 137.225)

ORS 137.225 is Oregon's expungement law, authorizing a court to set aside eligible convictions, arrests, citations, and charges. A granted set-aside seals the record from most public view and lets the person deny it in most settings, though law enforcement and certain agencies retain access.

Senate Bill 397 (2021 Or. Laws Ch. 486)

SB 397, effective January 1, 2022, amended ORS 137.225 to shorten most waiting periods and expand eligibility: one year for eligible Class B and C misdemeanors, three years for Class A misdemeanors, five years for eligible Class C felonies, and seven years for eligible Class B felonies.

Eligibility, Waiting Periods, and Exclusions (ORS 137.225)

ORS 137.225 sets the waiting periods by offense class and the exclusions. Traffic offenses including DUII, Class A felonies, most sex offenses, and many serious person felonies cannot be set aside, and the applicant must have no other convictions during the applicable waiting period.

No Automatic Clean Slate; No General Federal Expungement

Oregon relief is petition-only under ORS 137.225 with no automatic clean-slate sealing, and there is no general federal expungement of state convictions. Arrests with no charge filed can be set aside one year after arrest, and an acquittal or dismissal can be set aside immediately.

Regional Variances

Oregon Set-Aside Eligibility Table (ORS 137.225)

Relief type and name

Oregon offers a set-aside under ORS 137.225, also called expungement. A granted set-aside seals the conviction or arrest from most public background checks and permits the person to deny it in most settings. It is not destruction of the record: law enforcement and certain agencies keep access. Relief is petition-only, filed in the circuit court for the county of the case.

Waiting period by offense class (SB 397)

Under ORS 137.225 as amended by SB 397 (effective January 1, 2022): eligible Class B or C misdemeanor, one year; Class A misdemeanor, three years; eligible Class C felony, five years; eligible Class B felony, seven years. Each period runs from the date of conviction or release from imprisonment, whichever is later, with no new convictions during that time.

Non-convictions and arrests

Records of arrest, citation, or charge that did not lead to conviction clear faster under ORS 137.225. An arrest with no accusatory instrument filed can be set aside one year after the arrest, and a case ending in acquittal or dismissal can be set aside immediately, subject to limits such as a recent-arrest restriction for other offenses.

Excluded offenses

Traffic offenses, including DUII, cannot be set aside under ORS 137.225. Class A felonies, most sex offenses (including many that require sex-offender registration), and many serious person felonies are categorically excluded. Pending charges and, in some cases, unpaid restitution can also block relief until resolved.

Clean-slate status

Oregon has no automatic clean-slate sealing. Unlike states that auto-seal eligible records, Oregon requires a petition under ORS 137.225 for every set-aside. SB 397 reduced waiting periods and expanded eligibility, but a person must still file a motion with the circuit court, serve the district attorney, and pass an Oregon State Police background check.

Suggested Compliance Checklist

Confirm offense eligibility and the SB 397 waiting period

Before you file days after starting

Verify under ORS 137.225 that the offense is not excluded and that your waiting period has run: one year for eligible Class B or C misdemeanors, three years for Class A misdemeanors, five years for eligible Class C felonies, seven years for eligible Class B felonies, from conviction or release, whichever is later. Confirm you have no disqualifying convictions.

Obtain your Oregon criminal history from the Oregon State Police

Early in the process days after starting

Request your Oregon criminal history so you can confirm the exact charge, conviction date, and completion of sentence for each case you want to set aside. Correct any errors through the Oregon State Police record-challenge process, because the recorded dates control whether your ORS 137.225 waiting period has been satisfied.

Prepare the set-aside motion and fingerprint packet

Before filing days after starting

Prepare the motion to set aside under ORS 137.225 with the supporting affidavit and, when required, the certified fingerprint card for the Oregon State Police background check. Use the set-aside forms published by the Oregon Judicial Department or your county circuit court. An attorney can help confirm eligibility and complete the packet.

File in the county circuit court and pay or waive the fees

When the waiting period has passed days after starting

File the motion in the circuit court for the county where the case occurred and pay the statutory filing fee plus the Oregon State Police background-check fee under ORS 137.225, or request a fee waiver or deferral. Confirm current amounts with the circuit court clerk before you file.

Serve the district attorney and confirm the record is sealed

After filing and after the order days after starting

Serve the district attorney for that county and respond to any objection or hearing. After the judge signs the order, confirm the Oregon State Police Bureau of Criminal Identification updates the repository to seal the record, and keep a certified copy. Remember a set-aside is not a full erasure for law enforcement and some agencies.

Frequently Asked Questions

You generally pay a circuit court filing fee plus a separate Oregon State Police background-check fee for each case under ORS 137.225. Amounts change, so confirm the current figures with the county circuit court clerk. If you cannot afford the fees, ask the court about a fee waiver or deferral. Attorney fees, if you hire counsel, are additional.

Timelines vary by county circuit court and district attorney workload, but many uncontested Oregon set-asides take a few months from filing to a signed order. Building in time for the Oregon State Police fingerprint background check and any district attorney objection is wise. A contested motion that goes to a hearing under ORS 137.225 can take longer.

Yes, in defined situations. An Oregon set-aside under ORS 137.225 seals the record from most public background checks, but it is not destroyed. Law enforcement, the courts, and certain licensing and government agencies can still access sealed records where the law allows, and federal immigration authorities may still consider the conviction. It is not a guaranteed clean slate everywhere.

Generally yes. Once a conviction is set aside under ORS 137.225, Oregon treats it as if it did not occur for most purposes, so you may lawfully answer that you were not convicted on most job and housing applications. Some regulated fields, such as certain licensing or law-enforcement roles, may still require disclosure, so check the specific requirement.

No. A DUII conviction is generally treated as a traffic offense and is excluded from set-aside relief under ORS 137.225, so it cannot be sealed under Oregon's expungement statute. A DUII that was resolved through a diversion dismissal may be treatable as a non-conviction, and other traffic offenses are likewise ineligible. An attorney can help assess a specific case.

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