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Oregon Expungement Lawyers

How Oregon Expungement Works

This guide walks you through the Oregon expungement process step by step. It's general information only — not legal advice.

Getting your record cleared in Oregon takes a few steps, from gathering your records to getting a court order. You can do it yourself — it just takes some careful attention to detail and the right paperwork.

Overview: The Five-Step Process

  1. Identify and verify the record(s) you want to set aside
  2. Obtain required criminal history documentation (often an OSP report) and fingerprints (when required)
  3. Prepare and file court documents
  4. Serve documents on the District Attorney
  5. Receive a court order (a hearing may occur in some cases)

How long it takes depends on your county and the type of record. Some set-asides are done in a few weeks. Others can take several months — especially if extra paperwork is needed or the DA objects.

Step 1: Identify Eligible Convictions

Get Your Oregon Criminal History

Start by getting your official criminal history from the Oregon State Police (OSP). This report shows your Oregon records and the dates you'll need for your filing.

To request your record:

  • Review OSP Record Services instructions for the request type that applies to you
  • Submit the required request materials (fingerprints may be required depending on request type)
  • Pay the required fee (amounts can change)
  • Processing times vary; plan for at least several business days

If you plan to file in multiple counties, review OSP instructions carefully. Some request types allow you to specify additional routing or documentation needs, but practices can vary.

Review Your Record for Eligibility

Once you have your record, look at each conviction and ask:

  • Is the conviction eligible for expungement? (See our eligibility guide)
  • Have you completed all terms of the sentence?
  • Has enough time passed since completion?
  • Are there any pending charges or probation that would disqualify you?

Step 2: Obtain Fingerprints and Background Check

Most expungement filings require a fingerprint-based background check from OSP. Here's how to get that done.

Where to Get Fingerprinted

  • Private fingerprint services: Many private vendors offer fingerprinting; fees and requirements vary (ask whether they can provide an FD-258 hard-copy card if needed)
  • Law enforcement agencies: Some police departments and sheriff's offices provide fingerprinting services by appointment (most agencies can provide an FD-258 card)
  • OSP offices (if available): Some locations may offer fingerprinting; availability varies

Submit Fingerprints to OSP

After being fingerprinted, you'll submit the fingerprint card to OSP along with:

  • Any required request form for the type of record check you’re requesting
  • Any required payment
  • Any fingerprints required for that request type
  • Any return mailing materials requested by OSP (requirements vary)

Processing times vary; plan for at least several business days and check OSP’s current guidance.

Step 3: Prepare and File Court Documents

Once you have your current OSP background check, you'll prepare your expungement petition and supporting documents.

Required Documents

A complete Oregon expungement filing typically includes:

  • Motion to Set Aside (set-aside petition): The formal request to the court
  • Affidavit in Support: Your sworn statement explaining why you meet eligibility requirements
  • Proposed Order: A draft order for the judge to sign if granted
  • Criminal history documentation (for example, an OSP report, if required):
  • Certificate of service / mailing (as required by the form and local practice):

Filing with the Court

You must file your documents with the same court that convicted you. This means:

  • Identify the correct county circuit court
  • Submit all required documents
  • Review whether any filing or agency fees apply for your county or record type (many set-aside filings have no court filing fee).

Want to skip the paperwork? Oregon Expungement Center fills out your forms automatically and mails everything to the court, DA, and OSP for you. You just mail in your fingerprint card.

Step 4: Serve the District Attorney

Oregon law requires that you serve (deliver) a copy of your expungement motion to the District Attorney's office in the county where you were convicted.

Service Requirements

  • Timing: Serve the DA at the same time you file with the court
  • Method: Often by mail; acceptable methods can vary by county and local practice
  • What to serve: Complete copies of all documents filed with the court
  • Proof of service: Keep your mailing receipt or get a signed acknowledgment

District Attorney Review Period

After being served, the District Attorney generally has a period of time to review the filing and decide whether to object. The length of the review period can vary by statute, record type, and local practice.

  • The DA reviews your criminal history and petition
  • They may contact you with questions
  • They may file an objection if they believe you're ineligible or there are public safety concerns
  • If no objection is filed, some courts may grant the set-aside without a hearing (local practice varies)

Step 5: Court Hearing and Final Order

If There Is No Objection

If no objection is filed, the court may review the packet and issue an order. Timing varies by county.

  • Review your petition and supporting documents
  • Sign the proposed order granting your expungement (if everything is in order)
  • Mail you a certified copy of the signed order

If the DA Objects

If the District Attorney files an objection, the court will schedule a hearing. DAs typically object on eligibility grounds—for example, the waiting period has not run, the offense is specifically excluded, there is a disqualifying conviction in the conviction free period, or there are pending charges. At the hearing:

  • You may be asked to provide additional information or documentation showing you meet the statutory requirements.
  • The DA will explain the basis for the objection (usually an eligibility issue or alleged public safety concern).
  • Depending on the case and court procedures, additional statements or information may be considered.
  • The judge will make a final decision.

Whether a set-aside is granted can depend on statutory eligibility and, in some cases, court findings related to public safety. If an objection is filed, review the court’s notice carefully and consider obtaining advice from a licensed attorney if you need guidance on how to respond.

After the Order Is Signed

Once the judge signs the expungement order:

  • The court enters an Order to Set Aside, and updates its records to seal the case from public view
  • The court sends a copy of the order to OSP to update and seal state criminal history records
  • OSP updates and record processing times vary.
  • For many purposes, Oregon law limits how a set-aside conviction may be used or disclosed, but exceptions can apply.

What to Expect During the Process

Communication from the Court

Most courts communicate by mail. Make sure the court and DA have your current mailing address. You may receive:

  • Confirmation of filing
  • Notice of hearing (if the DA objects)
  • Final signed order

Costs You Can Expect

Total costs for a single expungement typically include:

  • Criminal history documentation fees (for example, an OSP fee, if required)
  • Fingerprinting vendor fees (if fingerprints are required)
  • Postage and printing costs
  • Any court or agency fees that apply to your situation (varies)

Most people who file on their own spend about $60–100 total, including fingerprinting. For a full breakdown, see our Costs and Fees page.

Common Questions About the Process

Do I need a lawyer?

No — many people file on their own. The process is designed so you can do it yourself. If your case is complicated or the DA objects, talking to a lawyer can help.

Can I check the status of my petition?

Yes. You can contact the court clerk's office with your case number to check the status. Some counties also have online case lookup systems.

What if I made a mistake on my forms?

If you discover an error after filing, review the court’s published instructions or contact the court clerk’s office for procedural information. Depending on the issue, you may be able to submit a corrected filing or you may need to refile. If you need legal advice about how to proceed, consult a licensed attorney.

Can I expunge multiple convictions at once?

It depends. If the convictions are from the same case or arose from the same criminal episode, they can often be included in one petition. If they're from different cases or counties, you'll typically need separate petitions.

Want us to handle the paperwork?

Oregon Expungement Center checks your eligibility, fills out your forms, and mails everything to the court, DA, and OSP — so you don't have to.

Start My Expungement