Oregon Expungement vs. Pardon: What's the Difference?

People sometimes mix up expungement and pardons, but they're actually very different — different processes, different results. Here's what you need to know about each option in Oregon.

Quick Comparison

What Is Expungement (Set-Aside)?

Under ORS 137.225, Oregon expungement (officially called a "set-aside") is a court process that seals your criminal record from most public access. When a conviction is set aside:

• Court records are sealed from public view
• Oregon State Police updates your criminal history to reflect the set-aside
• For most purposes, you can legally state that you have not been convicted
• The conviction no longer appears on most background checks

Expungement is a legal right — if you meet all the requirements under ORS 137.225, the court has to grant your petition (unless the DA objects and wins at a hearing). You file a motion with the circuit court, the DA gets 120 days to review, and the judge makes a decision.

For details on eligibility, see our eligibility guide.

What Is a Governor's Pardon?

A pardon is an act of executive clemency by the Governor of Oregon. Under the Oregon Constitution (Article V, Section 14), the governor has the power to grant pardons for any state offense.

A pardon is an act of forgiveness by the governor. Since the passage of SB 388 (2019), a governor's pardon in Oregon triggers a process to seal the conviction record under ORS 144.653. After a pardon is granted:

1. The governor notifies the presiding judge of the court of conviction within 10 days
2. Upon receiving notification, the presiding judge issues an order sealing all official records in the case (arrest, citation, charge, conviction)
3. Certain rights (such as firearm rights under state law) may be restored
4. The pardon record itself remains public

Before 2019, pardons did not seal records. Under current law, a pardon now provides both forgiveness and record sealing—making it a more meaningful remedy for people with convictions ineligible for set-aside.

How to Apply for a Pardon in Oregon

Pardon applications in Oregon go through the Governor's Office. The general process involves:

1. Submit a pardon application directly to the Governor's Office
2. Serve copies of the application on the District Attorney of the county of conviction, the State Board of Parole and Post-Prison Supervision, and the Director of the Department of Corrections
3. Provide proof of service by affidavit to the Governor
4. The Board of Parole may investigate and provide information to the Governor
5. The Governor makes a decision at their sole discretion

There's no fee to apply for a pardon, but the process can take months or even years — and most applications are not granted. Pardons are rare and entirely up to the governor. Even a strong case doesn't guarantee approval.

When to Pursue Expungement

For most people, expungement is the way to go. It makes sense if:

• Your conviction is eligible under ORS 137.225
• You've met the waiting period and all other requirements
• You want your record sealed from public access
• You want a predictable process with a defined timeline

If you qualify for expungement, it's almost always the better choice. It's faster, more predictable, and it actually seals your record.

When to Consider a Pardon

A pardon might be worth looking into if:

• Your conviction is not eligible for expungement (e.g., Class A felony, DUII, or another excluded offense)
• You've exhausted all other legal options
• You have a compelling case for rehabilitation
• You understand the process is lengthy and success is not guaranteed

For people with DUII convictions or Class A felonies, a pardon is one of the only options — but it's important to know that most pardon applications are not approved.

Can I Pursue Both?

Yes. If you have multiple convictions, some may be eligible for expungement while others are not. You can pursue expungement for eligible convictions and separately apply for a pardon for ineligible ones. The two processes are independent of each other.