Oregon Expungement — How to Clear Your Record

Expungement in Oregon allows eligible individuals to have certain criminal records sealed or destroyed, making them invisible to most background checks §137.225. The process, eligibility requirements, and waiting periods vary based on the type of offense and the outcome of the case.

When a record is expunged, it is sealed from public view. In most cases:

• The record will not appear on standard background checks
• You may legally state that you have not been convicted of the expunged offense on most job applications
• Law enforcement and certain government agencies may still have access to sealed records
• Some professional licensing boards may still be able to see expunged records

Not all offenses are eligible for expungement. General eligibility requirements include:

Offenses that are eligible

• Arrests that did not result in conviction (dismissed, acquitted, nolle prosequi)
• Certain misdemeanor convictions after a waiting period
• Some nonviolent felony convictions (in states with expanded eligibility)
• Deferred adjudication or diversion program completions

Offenses that are NOT eligible

• Violent felonies (murder, rape, armed robbery, aggravated assault)
• Sex offenses requiring registration
• Crimes against children
• Certain offenses involving moral turpitude

Oregon requires specific waiting periods: Measured from the date of conviction or release from imprisonment, whichever is later: 1 year (Class B or C misdemeanor, violation); 3 years (Class A misdemeanor); 5 years (Class C felony); 7 years (Class B felony). Acquittals and most dismissals may be applied for at any time; where no accusatory instrument was filed, 60 days after the prosecutor indicates the state will not proceed. Probation revocation adds a 3-year wait from the date of revocation.

Oregon's set-aside statute (ORS 137.225) allows petition-based expungement for eligible convictions, and the applicant must have fully complied with and performed the sentence. Measure 110 (2020) decriminalized small amounts of drugs (since modified in 2024). Eligibility under ORS 137.225(5) reaches misdemeanors, Class C felonies, violations and Class B felonies other than ORS 166.429 violations and person felonies; subsections (6)–(8) exclude sex crimes (with narrow exceptions), certain abuse and child-victim offenses, state and municipal traffic offenses, and applicants with other qualifying convictions in the applicable look-back period. No court filing fee is required under ORS 21.135, but the applicant must pay a Department of State Police criminal record check fee.

• Does not restore firearm rights automatically (federal law may still apply)
• Does not prevent the record from being used if you commit a new offense
• Does not apply retroactively to consequences already incurred (lost jobs, denied housing)
• May not prevent access by certain agencies (law enforcement, immigration, military)
• Does not remove the offense from federal databases (FBI records may still reflect the arrest)

Despite its limitations, expungement provides significant practical benefits:

• Employment — Most private employers will not see the expunged record on a standard background check
• Housing — Expunged records do not appear in standard tenant screening reports
• Education — College and professional school applications ask only about convictions, not expunged records
• Peace of mind — A formal legal closure that allows you to move forward