Oregon Expungement Guide — Who Qualifies and How It Works

What is expungement in Oregon?

Expungement in Oregon is the legal process of “setting aside” a criminal conviction or arrest under ORS 137.225. When a conviction is set aside, it is removed from public records and most background checks. You can legally say you were not convicted in most situations, including job applications and housing.

Oregon uses the term “set aside” rather than “expungement,” but they mean the same thing. The court order directs law enforcement agencies to seal the record. Once set aside, the conviction is “deemed not to have occurred” for most purposes.

Who qualifies for expungement in Oregon?

Most people with Oregon misdemeanor convictions and Class C felony convictions qualify if they meet all of the following conditions:

• Completed the full sentence (including probation and parole)
• Paid all fines and restitution owed
• Waited the required time period since sentence completion
• Have no pending criminal charges or open cases
• The offense is not on the excluded list

How long do I have to wait to expunge a conviction in Oregon?

The waiting period depends on the class of conviction. You must wait until the required time has passed since you completed your sentence, including probation, parole, and post-prison supervision.

Which crimes cannot be expunged in Oregon?

Oregon law excludes several categories of offenses from expungement. These include:

• Class A felonies — never eligible
• Person felonies (Class A or B) — assault, robbery, kidnapping, murder
• Sex offenses requiring registration under ORS 163A
• DUII (ORS 813.010) — driving under the influence
• Traffic crimes — offenses classified as crimes under Oregon traffic law
• Criminally negligent homicide (ORS 163.145)
• Child abuse and elder abuse offenses (depending on classification)

Whether a specific offense qualifies can turn on its exact classification and date. An attorney at Oregon Expungement Lawyers can review your record under ORS 137.225 and confirm what is eligible. You can also read more on our frequently asked questions page.

Can I expunge an arrest that didn't lead to a conviction?

Yes. If you were arrested but the charges were dismissed, you were acquitted, or the case was never prosecuted, you can petition to have the arrest record set aside. There is generally no waiting period for dismissed or acquitted cases.

The motion to set aside is filed with the circuit court in the county where the case was filed. Oregon Expungement Lawyers prepares the motion, files it, and serves the District Attorney on your behalf — we fight for you at every step.

Can I expunge a marijuana conviction in Oregon?

Yes. Oregon passed legislation making many marijuana-related convictions eligible for expungement, including some that were previously excluded. Under ORS 137.226, certain marijuana offenses that occurred before legalization can be set aside even if they would otherwise be ineligible.

This includes manufacture, possession, and delivery charges for marijuana that are now legal or have been reclassified. The standard waiting periods still apply.

What does it cost to have an attorney handle it?

There is no court filing fee for an expungement in Oregon — the state eliminated it. Oregon Expungement Lawyers represents you for a flat $700 to set aside your record, which covers an attorney's eligibility review, preparation of your motion and supporting documents, filing, and service on the District Attorney. We handle the whole motion and fight for you.

Representation begins only when a signed engagement agreement is in place. See how it works for the full process.

How long does the expungement process take in Oregon?

The full process typically takes 90 to 180 days from filing to court order. We prepare and file your documents promptly once your intake is complete and your engagement agreement is signed.

After filing, the court sends a copy to the District Attorney, who has 120 days to respond. If the DA does not object, the judge typically grants the order without a hearing. Some counties are faster — smaller counties may process petitions in 60–90 days, while Multnomah County can take 120–180 days. We keep you updated through the court's decision so you always know where your case stands.

Why hire an attorney for an Oregon expungement?

Eligibility under ORS 137.225 can turn on the exact class of an offense, the date it was committed, sentence-completion dates, and how prior cases interact. Cases involving multiple convictions, records across more than one county, or a contested petition often benefit from a lawyer's review.

When you hire Oregon Expungement Lawyers, an Oregon attorney reviews your eligibility, prepares and files the motion, and fights for you through the court's decision.

What happens after my expungement is granted?

Once the court grants your motion to set aside, the conviction is “deemed not to have occurred” under ORS 137.225. The court notifies law enforcement to seal the record.

• Most background checks will no longer show the conviction
• You can legally answer “no” when asked about convictions in most situations
• Expungement restores your right to possess firearms under Oregon law
• Law enforcement and some government agencies can still access sealed records
• An expunged record may appear in FBI background checks for some federal purposes
• Federal firearms restrictions may still apply separately from Oregon law