OREGON
How to Clear Your Criminal Record
in Oregon
A free, plain English guide to Oregon's set aside process — who qualifies, waiting periods after 2022 law changes, the OSP background check step, and how to file under ORS 137.225.
LEGAL TERM
Set Aside / Expungement
FILING FEE
$80 OSP fee (convictions) / Free (non-convictions)
GOVERNING LAW
ORS 137.225
What You Need to Know First

Oregon calls it a "set aside" — not expungement. When Oregon grants a set aside under ORS 137.225, the law treats the conviction, arrest, or charge as though it never occurred. You can legally answer "no" when asked about the offense on most applications. The record is sealed from public view, though it is not destroyed.

Major 2022 law changes still helping people today. Senate Bill 397 (effective January 1, 2022) dramatically expanded eligibility. Non-person Class B felonies — including most drug felonies — are now eligible after 7 years instead of 20. Class C felonies dropped to 5 years. Court filing fees were eliminated. If you were told before 2022 that your record couldn't be cleared, check again.

Marijuana convictions: Oregon legalized marijuana in 2017. Under ORS 137.226, old marijuana convictions are evaluated at the offense level they would be today — not what they were when prosecuted. Many marijuana offenses previously classified as Class A felonies (ineligible) are now treated as Class C felonies or misdemeanors and are eligible for set aside.

What Can — and Can't — Be Set Aside
ELIGIBLE FOR SET ASIDE
  • Dismissed charges and acquittals — no fee, shorter wait
  • Uncharged arrests — after 60 days
  • Most misdemeanor convictions — after 3 years
  • Class C felony convictions — after 5 years
  • Non-person Class B felony convictions (incl. most drug felonies) — after 7 years
  • Class B felony involving a person crime — after 7 years (specific conditions)
  • Old marijuana convictions — re-evaluated at current offense level
  • Multiple convictions from same case — eligible together
NOT ELIGIBLE FOR SET ASIDE
  • Class A felony convictions
  • Most sex offenses requiring registration
  • Child abuse convictions
  • Aggravated vehicular homicide
  • DUII (Driving Under the Influence of Intoxicants) convictions
  • Traffic offenses generally
  • Class B felony involving use of a firearm (ORS 166.429)
  • New conviction within 10 years preceding the motion
  • Currently on probation, parole, or post-prison supervision
  • Pending criminal charges

DUII is permanently ineligible. Oregon's DUII (DUI) conviction can never be set aside — regardless of how old it is or how long you've been conviction-free. If a DUII charge was dismissed, the dismissal may be eligible. But a DUII conviction is a permanent bar.

Waiting Periods

Waiting periods for convictions run from the date judgment was pronounced. You must not have been convicted of any other crime (excluding motor vehicle violations) within the 10-year period immediately preceding your motion. You must also have completed all probation, parole, and post-prison supervision.

Uncharged arrest
60 days
Dismissed charges / acquittals
Varies (see note)
Misdemeanor conviction
3 years
Class C felony conviction
5 years
Non-person Class B felony conviction
7 years
If probation was revoked
3 yrs from revocation

Note on dismissed charges: Due to a drafting error in SB 397, some dismissed charges (particularly for eligible felony-level offenses) now face a waiting period equal to conviction waiting periods — not the immediate relief originally intended. This is a known issue that needs legislative correction. Consult an attorney if your dismissed charge is not being treated as immediately eligible.

How to File — Step by Step

Oregon has a unique two-step process. Before filing with the court, you must first submit your fingerprints and request to the Oregon State Police (OSP) for a background check. OSP sends the results to the prosecuting attorney, who has 120 days to object. Only then does the court consider your motion.

1
Step One — Oregon State Police Background Check
Download the OSP Request for Set Aside form from the Oregon Judicial Department at courts.oregon.gov. Submit the form along with your fingerprint card to Oregon State Police. Pay the $80 OSP fee if you are seeking to set aside a conviction. There is no OSP fee for dismissed charges or acquittals. OSP sends the background check results directly to the prosecuting attorney's office.
2
Step Two — File Your Motion with the Court
Download the Oregon Judicial Department's Motion to Set Aside and Declaration from courts.oregon.gov. File the motion with the circuit court in the county where your case was originally filed. There is no court filing fee — court filing fees for set asides were eliminated by SB 397 in 2022. The District Attorney typically has 120 days to object.
3
District Attorney Review
After your motion is filed, the District Attorney's office has up to 120 days to object. If they object, the court holds a hearing. If no objection is filed within 120 days, the court may grant the motion without a hearing. The court considers whether granting the set aside is in the interests of justice — though under ORS 137.225, if you meet all statutory criteria the court generally must grant the motion.
4
Order Issued — Record Sealed
When the court grants the motion, it issues an order sealing the record. The order is sent to all agencies holding records about the case — courts, OSP, law enforcement. Upon entry of the order, the conviction, arrest, or charge is legally deemed not to have occurred. You receive a certified copy — keep it. Processing of the set aside across all agencies takes additional time after the order is issued.
Official Forms
Oregon Courts — Set Aside Forms
Official Motion to Set Aside, Declaration, and OSP Request forms from the Oregon Judicial Department
Visit courts.oregon.gov →
Oregon State Police — Set Aside Information
OSP information on the set aside background check process and fingerprint requirements
Visit oregon.gov/osp →
Oregon State Bar — Lawyer Referral
Find a licensed Oregon attorney for set aside help — especially for felony cases or DA objections
Visit oregonstatebar.org →
Find Your County Circuit Court
Find the circuit court in the county where your original case was filed
Visit courts.oregon.gov →
Helpful Resources
FREE LEGAL HELP
Oregon Law Help
Free legal information and referrals for Oregonians — including set aside guides and eligibility tools
oregonlawhelp.org →
FREE LEGAL HELP
Legal Aid Services of Oregon
Free civil legal help for low-income Oregonians — including expungement / set aside assistance statewide
lasoregon.org →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free and reduced-cost programs for housing, food, work, and more in your area
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training — including resources for people with records
careeronestop.org →
SELF-HELP FORMS
Oregon Judicial Department
Official Oregon court self-help center — forms, instructions, and court locations for set aside petitions
courts.oregon.gov →
COURT LOCATIONS
Oregon Courts
Find your county circuit court to file your motion to set aside
courts.oregon.gov →
Frequently Asked Questions
What does "set aside" mean — is it the same as expungement? +
Oregon uses the term "set aside" instead of expungement. When granted, the conviction, arrest, or charge is legally deemed not to have occurred — you can truthfully say on most applications that you were never convicted. The record is sealed from public view and will not appear on official Oregon background checks. However, unlike true expungement in some states, the record is not destroyed — it still exists and can be accessed by courts with good cause. Oregon courts have noted that a set-aside is not designed to "rewrite history" but to limit the purposes for which records can be used.
My case was dismissed — do I need to file for a set aside? +
Yes — dismissed charges do not disappear automatically in Oregon. The arrest and dismissal remain on your public criminal history until you complete the set aside process. Many people are surprised to find dismissed charges appearing on background checks years later. A set aside of a dismissed charge is generally free (no OSP fee, no court fee) and can significantly clean up your record. Don't assume a dismissal means the record is gone.
I had a Class B drug felony — can I now get it set aside? +
Very likely yes — if it has been 7 years since your judgment was pronounced and you've been conviction-free for 10 years preceding your motion. Senate Bill 397 (effective January 2022) made non-person Class B felonies — including the vast majority of drug felonies like manufacture or delivery of a controlled substance — eligible after 7 years. Before 2022, many of these offenses required a 20-year wait. If you were told your drug felony couldn't be expunged, that information may now be outdated.
Why does OSP need to run a background check before I file with the court? +
Oregon's set aside process requires OSP to verify your criminal history and send results to the prosecuting attorney before the court considers your motion. This step is unique to Oregon. The OSP fingerprint and background check ($80 for conviction set asides, free for non-convictions) is mandatory for conviction expungements — you cannot skip it. The results go directly to the DA's office, which then has 120 days to decide whether to object to your motion.
Does a set aside restore my gun rights in Oregon? +
Under Oregon state law, a set aside treats the conviction as though it never occurred — which should restore firearms rights. A 2025 Oregon Court of Appeals decision in Mohiadeen v. Washington County Sheriff's Office confirmed that a set aside restores eligibility for firearm rights under state law. However, since early 2024, the Oregon State Police has been denying firearm purchase approvals for people with set aside convictions, citing a different federal interpretation. This issue is actively being litigated as of late 2025. If gun rights are important to you, consult an Oregon attorney experienced in both expungement and firearms law before attempting to purchase a firearm.
Do I need an attorney? +
Not required — the Oregon Judicial Department provides self-help forms and Oregon Law Help has free guides. For simple misdemeanor set asides, many people file successfully on their own. For Class B or C felony set asides, partial expungements involving multiple charges, cases where the DA is likely to object, or situations involving firearms rights, working with an Oregon attorney significantly improves your chances and avoids procedural errors. The two-step OSP-then-court process can trip up self-represented filers.
After Your Record Is Set Aside

After a set aside in Oregon, the conviction, arrest, or charge is deemed not to have occurred. You can legally say you were never convicted on most applications. Official Oregon background checks will not show the record.

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Employment
Set aside records are removed from public Oregon court records and Oregon State Police background checks. You can truthfully say you were never convicted on most private employment applications. Oregon's ban-the-box law limits when employers can ask about criminal history. Law enforcement employers and certain regulated positions may still access set aside records.
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Gun Rights
Oregon state law treats a set aside conviction as if it never occurred, which should restore firearms rights. A 2025 Court of Appeals decision affirmed this. However OSP has been denying firearm purchases for people with set aside convictions since early 2024 — this issue is actively in litigation. If gun rights are a priority, consult an Oregon expungement and firearms attorney before purchasing a firearm.
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Background Check Databases
The set aside order is sent to all agencies named in the motion. Agencies must remove or sequester the information from their records. Private background check companies may lag — keep your set aside order and dispute any records that still appear. Note that Oregon set asides may still appear in certain federal background checks used for immigration or federal employment.

For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.

This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your county court clerk or a licensed attorney in your state before filing.