Motions to set aside convictions, dismissed charges, and records of arrest (expungement)
Please note that Oregon expungement law changed in January 2022 and if you were previously ineligible to expunge your record under ORS 137.225, you may now be eligible under Senate Bill 397.
What is expungement?
Expungement is a process to clear your record of a conviction, dismissed charge, or record of arrest. In Oregon, there are specific requirements for a record to be eligible to expunge and, for most records, expungement can only occur after a certain period of time has passed without additional convictions in any court, federal or state, in the United States.
Why seek expungement?
Criminal convictions, dismissed charges, and arrests can prevent you from participating in many activities long after the arrest, dismissal, or completion of the sentence. For example, people with arrests, dismissed charges, or criminal convictions may not be able to get certain jobs, housing, or public benefits as a result of their arrests, dismissed charges, or criminal convictions. Clearing those records through expungement may therefore benefit those whose housing, employment, benefits, or other opportunities are affected by a conviction, dismissed charge or arrest.
How is an arrest, dismissed criminal charge, or conviction expunged?
In order to expunge a conviction, dismissed charge, or record of arrest, you (or your lawyer) must file a “Motion to Set Aside” with the court where the original incident (the conviction, charge, or arrest) happened. The court must grant the motion for an expungement to take place. If a court grants the Motion to Set Aside, it will send an order to all state agencies to erase the records wherever they exist. Upon entry of the order, the conviction, dismissed charge, or arrest is considered not to have occurred, and the applicant may legally answer “no” to any questions asking if the conviction, charge, or arrest occurred.
Note on immigration: You must disclose any arrest, criminal charge, or criminal disposition in applying for any immigration benefits or relief, even if the conviction has been expunged. Be sure to get certified copies of the original charges, plea, and judgement/sentence before expunging because non-citizens bear the burden of establishing their convictions do not bar eligibility for any relief or benefit.
The only situation in which an expungement can cause a non-citizen to no longer be removable for a conviction is if expunging a first-time simple possession of a controlled substance (and/or paraphernalia), where the conviction occurred prior to July 14, 2011, and the person never violated probation on the offense (or was under 21 when the offense was committed.) This exception works only in the Ninth Circuit (See Nunez-Reyes v. Holder, 646 F.3d 684 (9th Cir. 2011), overruled Lujan-Armendariz, 222 F.3d 728 (9th Cir. 2000), prospectively only.
Note on records: Private entities that collect record information, such as for background check databases, do not necessarily receive this court order, and so records may still exist there. The PCC CLEAR Clinic in Portland may be able to help clear this data from private entities.
The expungement process in detail
Am I eligible for expungement?
Determining eligibility for the expungement of an arrest, dismissed charge, or conviction is a complicated analysis, and you may benefit from consulting someone with a thorough understanding of expungement eligibility. The PCC CLEAR Clinic in Portland may be able to offer free legal services for people seeking expungement.
Your record is eligible to be expunged if:
Your conviction, dismissed charge, or record of arrest is for a Class B or C Felony, a Class A, B, or C Misdemeanor, or a violation, but is not one of the ineligible conviction types. (See PDF of ineligible conviction types.) Note: only dismissed A Felonies (as opposed to convictions for A Felonies) are eligible to expunge.
You have “fully complied with and performed the sentence of the court for the offense.” This means you have:
Completed any sentence of incarceration;
Completed any term of probation (or, if probation was revoked, at least three years have passed since date of revocation); and;
Paid all related fines, fees, and restitution.
You do not have any currently pending criminal cases in any court, state or federal, in the United States.
The relevant waiting period has passed from your most recent conviction in any court, state or federal, in the United States, or from the date of your release if you were incarcerated. The waiting period is based on the type of conviction, dismissed charge, or record of arrest you seek to set aside, and is measured from the date of your most recent conviction or release from prison - even if that is not the conviction which you are seeking to expunge.
For a Class B Felony: seven years from the date of your most recent conviction or release from prison.
For a Class C Felony: five years from the date of your most recent conviction or release from prison.
For a Class A Misdemeanor: three years from the date of your most recent conviction or release from prison.
For a Class B or C Misdemeanor or Violation: one year from the date of your most recent conviction or release from prison.
What is the process of seeking expungement?
If you believe you are eligible to expunge your case, follow these steps:
Step one: verify that the conviction, dismissed charge, or record of arrest is eligible for expungement. You may use the above information and/or the eligibility step chart as a reference, but consider consulting someone with a thorough understanding of expungement eligibility, as this can be a complicated analysis. If you are in the Portland area, consult the PCC CLEAR Clinic.
Step two: get fingerprinted. You will need rolled FBI standard blue applicant fingerprints (FD-258 card.) Please ensure that the fingerprint instructions are followed and required information is included as described on the Oregon State Police form.
The price for fingerprint cards can vary a lot. If in Portland, the PCC CLEAR Clinic may offer free FBI standard fingerprinting. Local Sheriff’s stations usually offer FBI fingerprints for around $20.
Step three: Complete the Oregon State Police form and pay the fee. Follow the directions to complete this form. Mail the completed form, your FD-258 fingerprint card, and a $33 check or money order made out to “Oregon State Police” for “motions to set aside convictions” to the Oregon State Police address as indicated on the form. Note: there is no fee to set aside dismissed charges.
Step four: Complete the Motion to Set Aside Form. Print and carefully fill out and sign the Motion to Set Aside Form. You may need to gather information such as your case number (you can call the court for this) and applicable mailing addresses for the court and the district attorney’s office. Note: if your case was in Multnomah County, use these forms instead to set aside an arrest or conviction.
Step five: Copy and mail the Motion to Set Aside Form. Make two copies of your completed Motion to Set Aside and mail the original to the court and a copy to the district attorney’s office where the incident occurred. Keep a copy for yourself.
Step six: Wait for the district attorney’s response. The district attorney has 120 days from when the motion to set aside was filed with the court to object. If the district attorney does not object within that time, the court must grant a motion to set aside an eligible record. If the district attorney objects, you are entitled to a hearing and the court may require further proof of eligibility through affidavits. If there is a victim related to the conviction, they are entitled to make a statement at the hearing.
Note: if eligible for expungement, the court must grant the motion unless the court makes written, clear, and convincing findings that the circumstances and behavior of the applicant since the case occurred create a risk to public safety and therefore do not warrant granting the motion. The court may only consider criminal behavior or violations of regulatory law or administrative rules to make this determination.
Can OJRC help me with expungement?
If you are a current client of ours, please speak with your attorney about whether you are eligible for expungement.
At this time, we do not have the resources to help those we do not already represent with expungement motions or questions. We will update this page if additional resources become available. If you are in Portland, the PCC CLEAR Clinic may be able to assist you with expungement needs.