FAQ

Oregon Expungement Lawyers — FAQ

Answers to common questions about Oregon expungement and what it means to be represented by an Oregon attorney — who qualifies, what the flat fee covers, how long it takes, and what happens after your record is cleared.

Eligibility

What is expungement in Oregon?

Expungement (called "setting aside" in Oregon) is the legal process of sealing a criminal record under ORS 137.225. Once a conviction is set aside, it is removed from most background checks and, under Oregon law, is deemed not to have occurred — so in most situations you can lawfully state that you were not convicted.

Am I eligible for expungement in Oregon?

Eligibility depends on the type of offense, when it occurred, whether you completed your sentence, and your criminal history since. Most misdemeanors and eligible Class B and C felonies qualify after a waiting period. My free eligibility check gives you an assessment in about 10 minutes, and an Oregon attorney reviews your record before I take your case.

What types of crimes can be expunged in Oregon?

Most misdemeanors (Class A, B, and C) and some Class B and Class C felonies can be set aside. Violations are eligible. Arrests that did not lead to a conviction, dismissed charges, and acquittals can be set aside with no waiting period. Excluded offenses include Class A felonies, most person felonies, most sex offenses requiring registration, DUII, and traffic crimes. An attorney confirms how the statute applies to your specific record.

How long do I have to wait before I can file for expungement?

The waiting period depends on the conviction class under ORS 137.225: 1 year for violations and Class C misdemeanors, 3 years for Class A and B misdemeanors, 5 years for Class C felonies, and 7 years for eligible (non-person) Class B felonies. The clock starts when you complete your sentence, including probation. Dismissed charges and arrests have no waiting period.

Can I get multiple charges expunged?

Yes. If all charges in a single case are eligible, I can address them in one motion. If you have charges across multiple cases or counties, a separate motion is required for each case in the county where it was heard. I handle the analysis and prepare each motion for you.

What if I have pending charges or open cases?

All pending charges and open cases must be resolved before a motion to set aside can be filed. You cannot have an active criminal matter at the time the motion is filed. Tell me about any open matters and I'll advise on timing.

Working With an Attorney

Will an attorney represent me?

Yes. When you hire Oregon Expungement Lawyers, an Oregon attorney represents you and is accountable to you under the Oregon Rules of Professional Conduct. I am your attorney of record on the motion to set aside, and if a hearing is required, I fight for you.

Who prepares my paperwork?

An Oregon attorney. I review your record, prepare your motion to set aside and supporting documents, and file them with the court as your counsel. You are not assembling forms on your own.

Do I need to go to court for expungement?

In most cases, no. Oregon motions to set aside are typically decided without a hearing — the judge reviews the motion and supporting documents and issues an order. If the District Attorney objects and a hearing is set, I appear and fight for you.

When does representation begin?

Representation begins only when a signed engagement agreement is in place between you and Oregon Expungement Lawyers. Using this site, checking your eligibility, or creating an account does not by itself create an attorney-client relationship.

Where do you file my motion?

With the circuit court in the county where your case was originally heard. For example, a Multnomah County conviction is filed in the Multnomah County Circuit Court. I identify the correct court and e-file as your attorney of record, with service on the District Attorney.

The Process

How does the expungement process work in Oregon?

I file a motion to set aside with the circuit court in the county where your case was heard and serve the District Attorney, who has up to 120 days to respond. If the DA does not object, the judge typically grants the order without a hearing. A fingerprint card and the Oregon State Police background check must also be submitted — I prepare and submit the OSP materials; you provide fingerprints.

Do I need to get fingerprinted, and is that extra?

Yes. Oregon requires a fingerprint-based background check for a set-aside. You'll get fingerprinted at a LiveScan location and pay that vendor directly; it's a small cost, separate from my flat fee and not paid to me. I tell you where to go and handle the Oregon State Police background-check paperwork.

What do I actually have to do?

Very little. After you hire me, you get fingerprinted at a LiveScan location and provide the card; your dashboard has full instructions and my address. I handle the eligibility analysis, prepare and file the motion, serve the District Attorney, and submit the OSP materials and fee.

What happens after I hire you and pay?

Once your engagement agreement is signed and payment is complete, an attorney finalizes your motion to set aside and I file it with the court and serve the District Attorney. Your fingerprint instructions and my mailing address are on your dashboard, and you can track every step from there.

Cost & Fees

How much does representation cost?

I represent you for one flat $700 on your motion to set aside. The fee is fixed, so you are not billed by the hour, and if a hearing is required, I fight for you.

What does the $700 cover?

The flat $700 covers your attorney representation: an attorney's eligibility review of your record under ORS 137.225, preparation of your motion and supporting documents, e-filing and service on the District Attorney as your attorney of record, submission of the Oregon State Police materials, and updates through the court's decision. If a hearing is required, I fight for you.

Are payment plans available?

Yes. I offer an installment option so you can spread the flat fee over several payments. The available terms are shown at checkout before you commit.

Timeline

How long does the expungement process take?

After I file and serve your motion, the District Attorney has up to 120 days to respond. Most cases take roughly 3–6 months from filing to the court's order. Timing varies by county and by how quickly the OSP background check clears. You can check your case status anytime from your dashboard.

How will I know what's happening with my case?

Because I am your attorney of record, all court and District Attorney mail comes to my office. I open and scan it and update your case status at every step — when the motion is filed, when the DA responds, and when the court issues an order. You can log in anytime to see a clear timeline of where things stand.

What if I move during the process?

That's fine. All court and DA mail comes to my office, not your home address, so nothing is lost if you move. When the court issues the order, I send it to the address you have on file, which you can update in your account at any time.

Will I get the official court order?

Yes. The court sends the order to my office as your attorney of record. I scan a copy to your dashboard and forward the original to your personal address.

What if the District Attorney objects?

If the DA objects, I notify you right away through your case dashboard. The DA may object on eligibility grounds or argue that circumstances don't warrant the set-aside, and a hearing may be scheduled. As your attorney, I advise you on the objection, handle the response, and fight for you at any hearing.

Effects of Expungement

What does expungement do for employment?

After a conviction is set aside, most private employers will not see it on a background check, and in most situations you can lawfully answer "no" when asked whether you have been convicted of a crime. Some government positions and professional licenses may still require disclosure.

Does expungement affect housing applications?

Generally, yes. After a set-aside, most landlord background checks will not show the conviction, and in most situations you can lawfully state that you were not convicted when applying for housing. This removes a common barrier people with records face.

Will expungement restore my gun rights?

Under ORS 137.225, a set-aside conviction is deemed not to have occurred, which restores firearm rights under Oregon law. This does not necessarily restore firearm rights under federal law — federal restrictions may still apply independently. I can discuss how this affects your specific situation.

Will the FBI still have my record after expungement?

The FBI may retain records of the arrest and conviction even after Oregon seals the record. For most purposes — including private employment and housing — this does not matter, because those checks rely on state-level records. Federal background checks for security clearances or certain government positions may still show the record.