Oregon Marijuana Expungement: What Qualifies

Since Oregon legalized recreational marijuana (July 1, 2015), thousands of people still carry convictions for things that are perfectly legal today. The good news: Oregon law makes it easier to clear these old marijuana convictions than most other offenses.

Two Pathways for Marijuana Convictions

Oregon gives you two main ways to clear marijuana convictions:

1. Standard Set-Aside Under ORS 137.225 (with ORS 137.226 Reclassification)

Marijuana convictions can be set aside through the standard process under ORS 137.225. For convictions where the underlying conduct occurred before April 21, 2017, ORS 137.226 provides a special benefit: the court considers the offense as if the conduct occurred under current law. If the conduct is no longer a crime at all, it is treated as a Class C misdemeanor for set-aside purposes (1-year waiting period). Standard waiting periods and clean period requirements still apply.

Each marijuana conviction is individually eligible if it meets the standard criteria. There is no per-person cap on the number of marijuana convictions that can be set aside through this path, though each must independently satisfy the waiting period and clean period requirements.

2. Fast-Track Expungement Under ORS 475C.397 (SB 420)

This is the best option if you qualify. Under ORS 475C.397, "qualifying marijuana convictions" based on conduct committed before July 1, 2015 can be set aside with:

• No waiting period — can be filed at any time after judgment
• No filing fee
• No fingerprints or background check required
• 30-day DA review (instead of the standard 120 days)
• No clean period requirement — eliminates the standard requirement of no other convictions in the preceding years

A "qualifying marijuana conviction" under this pathway is one based on conduct described in ORS 475C.305 (home cultivation of up to 4 plants, possession of up to 8 ounces at home, delivery of up to 1 ounce to another adult) or possession of less than one ounce of dried marijuana — and the conduct must have been committed before July 1, 2015.

Which Marijuana Convictions Qualify?

Generally Eligible

• Simple possession of marijuana — The most common type. If the amount possessed would now be legal under Oregon's recreational marijuana laws, this is a strong candidate for expungement
• Possession of marijuana under two ounces — Oregon law now allows adults 21+ to possess up to two ounces in public and up to eight ounces at home
• Some delivery/transfer charges — Depending on the amount and circumstances, some delivery charges may qualify if the conduct would now be legal

May Be Eligible (Case-by-Case)

• Manufacture/cultivation charges — Oregon now allows home cultivation of up to four plants. Convictions for growing within that limit may qualify
• Larger quantity possession — Depends on whether the amount falls within current legal limits

Generally Not Eligible Through Marijuana-Specific Provisions

• Distribution to minors — Still illegal and generally excluded
• Large-scale manufacturing or trafficking — Amounts far beyond personal use limits remain criminal
• Marijuana offenses combined with other crimes — If the marijuana charge was part of a larger criminal case involving non-marijuana crimes, each charge is evaluated separately

The "Would It Be Legal Today?" Test

The main question is simple: would the same thing be legal under today's Oregon law?

To figure this out, you compare:

• The specific conduct described in the charging document or judgment
• Current Oregon marijuana laws (ORS 475C), including legal possession limits, home cultivation rules, and licensed commercial activities

If the same thing wouldn't lead to criminal charges today, your conviction is a strong candidate for set-aside.

Multiple Marijuana Convictions

There's no limit on how many marijuana convictions you can clear. Each one is looked at on its own. Under the standard ORS 137.225 path, each conviction needs to meet the waiting period and clean period rules. Under the fast-track ORS 475C.397 path, the clean period rule is waived — making it much easier to clear multiple convictions at once.

Waiting Periods

If you're going through the standard ORS 137.225 path, the usual waiting periods apply based on the offense class:

• 1 year for violations and Class B/C misdemeanors
• 3 years for Class A misdemeanors
• 5 years for Class C felonies
• 7 years for Class B felonies

For more details on waiting periods and how they're calculated, see our eligibility guide.

Federal Implications

Important: Marijuana is still illegal under federal law. Oregon expungement only affects Oregon state records. It does not:

• Expunge federal marijuana convictions (those must be addressed in federal court)
• Remove records from FBI databases
• Affect federal employment or security clearance background checks

That said, for most people — those dealing with Oregon state convictions and state-level background checks — a state set-aside effectively clears your record for jobs, housing, and most other purposes.

How to Get Started

1. Identify your marijuana convictions — Request your OSP criminal history to see all Oregon convictions on record
2. Determine eligibility — Check whether each conviction meets the requirements under ORS 137.225 or ORS 137.226
3. File your petition — Follow the standard expungement process