Oregon Expungement Eligibility Guide

This guide helps you understand who qualifies for expungement in Oregon. It's general information — not legal advice.

What is Expungement in Oregon?

In Oregon, expungement is officially called a "set-aside." When your conviction is set aside, public records are updated so the conviction no longer shows up in most situations. Oregon law limits how a set-aside conviction can be used, but some exceptions apply (like certain licenses, background checks, and law enforcement).

Basic Eligibility Requirements

Oregon's main expungement law is ORS 137.225. Whether you qualify depends on your specific record. In general, you need to meet all of the following:

The conviction must be for an eligible offense (see below)
You must have completed all terms of your sentence, including probation and parole
You must have paid all fines, fees, and restitution
You must have waited the required time period since completing your sentence
You must not have any pending criminal charges
You generally cannot file while you are currently serving a sentence (including probation or parole) on another case
You must have a clean period (no new convictions) equal to the waiting period immediately before filing

Waiting Periods

Oregon law requires you to wait a certain amount of time before you can file. There are four possible waiting periods: 1, 3, 5, or 7 years — depending on how serious the offense was. During that same time period, you also need a "clean period" with no new convictions.

Offense Class	Waiting Period
Traffic Offenses	Never eligible
Class A Felony	Never eligible
Class B Felony	7 years from the later of conviction or release from imprisonment
Class C Felony	5 years from the later of conviction or release from imprisonment
Class A Misdemeanor	3 years from the later of conviction or release from imprisonment
Class B or C Misdemeanor, Violation, or Contempt	1 year from the later of conviction or release from imprisonment

Note: The waiting period is calculated from the later of the conviction date or your release from imprisonment, and you must also have a matching “clean period” (no new convictions) of the same length immediately before filing. You must complete all sentence obligations (including any custody, probation or parole, and payment of fines, fees, and restitution). Court procedures and documentation expectations can vary by county.

The "person felony" carve‑out in ORS 137.225(5)(a) applies to Class B person felonies. Class C person felonies are not automatically barred and are evaluated under the standard rules plus any specific exclusions in subsection (6).

Which Offenses Are Eligible?

Most misdemeanors and many felonies can be expunged in Oregon. Eligible offenses generally include:

Class C Felonies (most types; subject to specific exclusions in subsection (6))
Some Class B felonies may be eligible, but Class B “person felonies” and certain firearm-related convictions can be excluded under the statute.
Class A Misdemeanors
Class B Misdemeanors
Class C Misdemeanors
Violations

What Can't Be Expunged?

Some convictions are not eligible for expungement under Oregon law. These include:

Sex crimes are generally ineligible unless they meet a narrow exception under ORS 137.225(6)(f) (Path A – relief from registration for certain offenses, or Path B – age‑gap/Class C conditions).
Criminal Mistreatment in the Second Degree (ORS 163.200) when the victim was 65 or older.
Criminal Mistreatment in the First Degree (ORS 163.205) when the victim was 65 or older, or when the offense constituted child abuse as defined in ORS 419B.005.
Endangering the Welfare of a Minor (ORS 163.575(1)(a)) when the offense constituted child abuse as defined in ORS 419B.005.
Assault in the Third Degree (ORS 163.165) under subsection (1)(h) (adult intentionally/knowingly causing physical injury to a child age 10 or younger).
Firearm Used in a Felony (ORS 166.429).
Criminally Negligent Homicide (ORS 163.145).
Class A Felonies.
Traffic offenses (ORS 137.225(7)(a)).

The full list of exclusions is in ORS 137.225(6). If you're not sure whether your conviction qualifies, a licensed attorney can help you figure it out.

Multiple Convictions

You can ask to set aside more than one conviction, but there are some rules:

You may petition to set aside multiple eligible convictions, including multiple counts from the same case, subject to the waiting‑period and clean‑period rules and any specific statutory exclusions.
You may set aside an unlimited number of non‑traffic violations.
You may set aside an unlimited number of marijuana‑related convictions that would now be legal under current Oregon law.

Arrests Without Conviction

If you were arrested but never convicted, you may be able to get your arrest record cleared too. This includes:

Arrests that did not result in charges
Charges that were dismissed
Acquittals (not guilty verdicts)

These follow a different process than conviction expungements and may have different requirements.

What Records Do You Need?

To figure out if you qualify and get your filing together, you'll need:

Oregon State Police (OSP) Criminal History Report: Shows all Oregon convictions and their dates. You can request this through OSP's Record Services Unit.
Court Records: Certified copies of judgments and sentencing orders from the court where you were convicted.
Proof of Completion: Documentation showing you completed all sentence requirements (probation discharge, proof of payment, etc.).

Frequently Asked Questions

Can I expunge a DUII conviction?

No. DUII convictions are treated as traffic offenses and are not eligible for set‑aside under ORS 137.225(7)(a).

What if I have convictions in multiple counties?

You must file a separate expungement petition in each county where you were convicted. Each court will make an independent decision on your petition.

Can I expunge federal convictions in Oregon state court?

No. Oregon state courts can only expunge Oregon state convictions. Federal convictions must be addressed through the federal court system, which has different rules.

Will expungement restore my gun rights?

Expungement may restore certain rights, but gun rights restoration depends on federal and state laws. Some convictions permanently prohibit firearm possession under federal law, regardless of state expungement.

How long does the expungement process take?

It depends on your county and the type of record. After you file, the DA has time to review and possibly object. Some counties finish in a few weeks; others take several months.

What happens if the DA objects to my expungement?

If the DA objects, the court will usually schedule a hearing. The judge makes the final decision based on the law and the facts of your case.