Oregon Expungement Laws: How to Set Aside a Conviction Under ORS 137.225
Oregon Expungement Laws: How to Set Aside a Conviction Under ORS 137.225
Oregon does not use the word "expungement" in its statutes. Instead, ORS 137.225 authorizes a court to set aside a conviction or arrest record, and Senate Bill 397 (effective January 1, 2022) made that relief available to far more Oregonians than ever before.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers Oregon state law only. For a comparison of all fifty states, see Expungement Laws by State.
What "Set Aside" Means in Oregon
Oregon's set-aside statute, ORS 137.225, allows a person who was convicted of an eligible offense to petition the circuit court to seal the record. When a court grants the motion, the individual "shall be deemed not to have been previously convicted" for most purposes under Oregon law. Official records of the arrest, charge, and conviction are sealed, and the person may legally answer "no" to most background-check questions asking about prior convictions.
The practical effect is significant. Employers conducting standard background checks will no longer see the conviction. However, a set-aside is not a complete erasure. Law enforcement agencies retain access to sealed records, and certain licensing boards, federal agencies, and immigration authorities may still consider the underlying conduct. Oregon courts also consistently hold that a set-aside does not restore firearms rights; a separate legal process is required for that relief under federal and state law.
The Oregon State Police (OSP) processes the required criminal record check as part of every set-aside petition. OSP charges a $33 fee payable to the Criminal Justice Information Services (CJIS) unit for each county included in the motion. Fingerprints on an FBI FD-258 card must accompany that payment. The court filing fee itself was eliminated by SB 397, saving petitioners at least $281 per case.
How SB 397 Changed Oregon's Set-Aside Law
Senate Bill 397 was signed into law during the 2021 Oregon Legislative Assembly session and took effect January 1, 2022. It represented the most significant reform to ORS 137.225 in decades.
Waiting period reductions. Before SB 397, many felony convictions carried 10- to 20-year waiting periods. The revised statute reduced those timelines sharply. Non-person Class B felony convictions are now eligible after seven years, down from twenty. Class C felonies carry a five-year wait. Class A misdemeanors require three years, and Class B or C misdemeanors, violations, and contempt findings are eligible after just one year. Each period runs from the later of the conviction date or the date of release from imprisonment.
Filing fee eliminated. Under the amended ORS 137.225, a petitioner is "not required to pay the filing fee established under ORS 21.135." The OSP background-check fee remains, but the court filing fee is gone.
Drug offense eligibility expanded. The most far-reaching change involved controlled substance offenses. Before SB 397, conviction for manufacture or delivery of a controlled substance classified as a Class B felony could not be set aside for twenty years. SB 397 brought those offenses under the standard seven-year Class B felony waiting period, as long as they are non-person offenses.
Prior conviction disqualification narrowed. SB 397 also modified the rules around prior convictions. A petitioner must have no new convictions (excluding motor vehicle violations) during the applicable waiting period. The look-back rules were clarified to apply only to conviction-related motions, not to motions to set aside arrests or dismissed charges.
Standard at hearing. A court may deny a set-aside petition only upon clear and convincing evidence that granting it would create a risk to public safety. Absent a timely objection from the prosecutor or a registered victim, the court must grant the motion without a hearing.
Eligible Offenses and Waiting Periods
Under ORS 137.225, the following conviction classes are eligible for set aside, subject to the waiting periods shown:
- Class B/C misdemeanors, violations, and contempt findings: 1 year from conviction or release
- Class A misdemeanors: 3 years from conviction or release
- Class C felonies: 5 years from conviction or release
- Class B felonies (non-person, non-ORS 166.429): 7 years from conviction or release
To qualify, the petitioner must have fully completed the sentence, including any probation, parole, or post-prison supervision, as well as all restitution. A petitioner who still has pending criminal charges, or who incurred a new conviction (excluding motor vehicle violations) within the applicable waiting period, is not eligible until those bars are cleared.
For arrests where no accusatory instrument was filed, the motion may be filed at any time after 60 days from the date of arrest or criminal citation if the prosecutor indicates it will not proceed. For charges that were dismissed or resulted in acquittal, the motion may be filed at any time after the court action.
Excluded Offenses: What Cannot Be Set Aside
ORS 137.225 permanently bars set-aside relief for several categories of convictions. These exclusions did not change under SB 397 and remain in effect:
Traffic offenses, including DUII. Any conviction for a state or municipal traffic offense is ineligible. This includes driving under the influence of intoxicants (DUII) under ORS 813.010, even when completed through a diversion program and dismissed. DUII diversion dismissals are treated as traffic matters and fall outside ORS 137.225 relief.
Class A felonies. Class A felonies are categorically ineligible. The only historical exception involved certain marijuana-related Class A offenses, which are addressed through the separate ORS 137.226 marijuana set-aside process.
Person felonies and person misdemeanors. Crimes classified as "person felonies" or certain "person misdemeanors" under Oregon Criminal Justice Commission rules are ineligible. This covers offenses where the victim is a person, including assault causing serious physical injury, robbery, and kidnapping.
Most sex offenses. Convictions for rape, sodomy, sexual abuse, unlawful sexual penetration, and any crime requiring registration as a sex offender under ORS 163A.100 are ineligible, with only narrow exceptions for certain Class C felonies involving minors where a specific age-gap criterion is met.
Serious violent crimes. Murder, aggravated murder, manslaughter, and criminally negligent homicide (when classified as a person crime) are not eligible.
Child abuse and elder abuse. Criminal mistreatment of a child or a victim age 65 or older, and endangering the welfare of a minor constituting child abuse, are excluded.
Firearms violations. A Class B felony conviction for using a firearm during a felony under ORS 166.429 is excluded.
Marijuana Conviction Set-Asides Under ORS 137.226
Oregon created a streamlined set-aside track specifically for marijuana convictions under ORS 137.226. The process applies to pre-2015 convictions for possession, delivery, or manufacture of cannabis that, based on the amount involved, would constitute a misdemeanor or lesser offense under current law.
A petitioner seeking marijuana set-aside relief under ORS 137.226 is not required to pay any filing fee, and no fingerprints or OSP background check are required. There is no waiting period. The motion may be filed at any time after entry of the judgment of conviction.
In November 2022, Governor Kate Brown's pardon order covered approximately 47,144 marijuana possession convictions, providing automatic record sealing for those cases. Oregon's current Governor, Tina Kotek, had not issued additional pardons as of the date this article was verified.
How to File a Motion to Set Aside in Oregon
The Oregon Judicial Department provides statewide forms and instructions for adult set-aside petitions at courts.oregon.gov. The general process proceeds as follows:
- Confirm eligibility under ORS 137.225 by reviewing the offense class, conviction date, sentence completion, and exclusion list.
- Obtain the statewide set-aside packet from the Oregon Judicial Department's Forms Center. The packet includes the motion, order form, and OSP request form.
- Send three items to the OSP CJIS Unit: a completed FBI FD-258 fingerprint card, the OSP Set Aside Request form, and a $33 check or money order payable to Oregon State Police. OSP returns the background check results to the prosecuting attorney.
- File the motion and proposed order with the circuit court in the county where the conviction was entered. Serve a copy on the district attorney's office for each county included in the petition.
- The district attorney has 30 days to object. Registered victims also receive notice. If no objection is timely filed, the court typically enters the set-aside order without a hearing.
- After the order is signed, the court sends certified copies to OSP, the Oregon Department of Justice, the arresting agency, and any other agencies that maintain records of the conviction.
The process typically takes between three and nine months from filing to final order.
No attorney is required, but the Oregon State Bar's Lawyer Referral Service (503-684-3763) can connect petitioners with counsel experienced in post-conviction relief.
Disclaimer: This article provides general legal information about Oregon's set-aside process under ORS 137.225 as of May 29, 2026. Laws change, individual circumstances vary, and this article does not constitute legal advice. Consult a licensed Oregon attorney before filing any petition for post-conviction relief.
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Sources
The following official Oregon government sources were used to verify the information in this article:
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RecordingLaw.com provides legal information, not legal advice. Laws change frequently. Verify current Oregon statutes at oregonlegislature.gov or consult a licensed Oregon attorney.