Is My Crime Eligible for Expungement in Oregon?

This page has general information about common crimes and whether they might qualify for a set‑aside (expungement) in Oregon. Every case is different, so eligibility depends on your specific record. This is not legal advice.

Oregon law lets people set aside many—but not all—criminal records. Use this guide to get a general idea of whether a common offense might be eligible under Oregon law (usually ORS 137.225). Local rules and statutory exclusions can also affect your eligibility.

How to Use This Guide

Find your conviction in the list below. Each entry tells you:

• Eligibility status: Often Eligible, Often Not Eligible, or Sometimes Eligible (general guidance)
• Waiting period: Approximate waiting‑period concepts (often measured from completion of sentence requirements)
• Notes: Important details or exceptions

Traffic Offenses & Violations

❌ DUII / DUI / Drunk Driving

Eligible: No
Waiting Period: N/A
Notes: DUII convictions and DUII dismissals (including those following diversion) are not eligible for set-aside under Oregon law.

❌ Reckless Driving

Eligible: No
Waiting Period: N/A
Notes: Reckless driving is a traffic-related offense and is not eligible for expungement under Oregon’s set-aside statute.

❌ Driving While Suspended

Eligible: No
Waiting Period: N/A
Notes: Driving while suspended is a traffic offense and is not eligible for expungement in Oregon.

❌ Traffic Violations (Non-Criminal)

Eligible: No
Waiting Period: N/A
Notes: Traffic violations and infractions are not eligible for expungement under Oregon law.

Drug Offenses

✅ Possession of Controlled Substance (Personal Use)

Eligible: Often
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: Some personal-use possession convictions may be eligible, depending on classification and statutory exclusions. This includes possession of marijuana, methamphetamine, cocaine, heroin, and other controlled substances when the amount suggests personal use rather than distribution.

⚠️ Manufacturing/Delivery of Controlled Substance

Eligible: Sometimes
Waiting Period: Varies
Notes: Manufacturing, delivery, or possession with intent to deliver can have different or longer rules than simple possession. Eligibility depends on the offense, statutory exclusions, and your record.

✅ Marijuana Possession (Pre-Legalization)

Eligible: Often
Waiting Period: Varies (some marijuana‑related relief can be faster)
Notes: Certain marijuana convictions that would not be crimes under current Oregon law may have streamlined relief. Eligibility depends on your specific record.

✅ Paraphernalia Possession

Eligible: Often
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: Paraphernalia offenses are often misdemeanors and may be eligible depending on the statute and your record.

Property Crimes

✅ Theft (Shoplifting, Petty Theft)

Eligible: Often
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: Theft eligibility depends on the degree/classification of the conviction and whether it is excluded under ORS 137.225(6). Many theft-related convictions can be eligible after the applicable waiting period.

✅ Criminal Mischief / Vandalism

Eligible: Often
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: Criminal mischief charges (property damage) are eligible for expungement regardless of the degree of the charge.

✅ Burglary II

Eligible: Often
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: Eligibility can depend on the statute of conviction, classification, and exclusions under ORS 137.225(6).

❌ Burglary I

Eligible: No
Waiting Period: N/A
Notes: Burglary I is commonly excluded from set-aside eligibility. Review ORS 137.225(6) for exclusions and definitions.

✅ Trespass

Eligible: Often
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: Criminal trespass charges are typically Class C misdemeanors or Class A misdemeanors and are eligible for expungement.

✅ Forgery

Eligible: Often
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: Forgery is generally a Class C felony and is eligible for expungement.

✅ Identity Theft

Eligible: Often
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: Eligibility depends on the statute of conviction, classification, and exclusions under ORS 137.225(6).

Crimes Against Persons

⚠️ Assault IV

Eligible: Sometimes
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: Assault IV is often charged as a Class A misdemeanor, but it can be charged as a Class C felony in certain situations. For example, assault in the fourth degree under subsection (1)(a) or (b) can be a Class C felony if the assault is committed in the immediate presence of, or witnessed by, a minor child (such as the person’s or victim’s child or a minor child residing in the household). Eligibility can depend on the statute of conviction, classification, and statutory exclusions, and objections may be filed in some cases.

⚠️ Assault III

Eligible: Sometimes
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: Eligibility can depend on the specific statute, classification, and exclusions under ORS 137.225(6). Objections may be filed in some cases.

❌ Assault II

Eligible: No
Waiting Period: N/A
Notes: Some Assault II convictions are excluded from set-aside eligibility. Review ORS 137.225(6) and related statutes for exclusions.

❌ Assault I

Eligible: No
Waiting Period: N/A
Notes: Assault I is commonly excluded from set-aside eligibility. Review ORS 137.225(6) for exclusions.

✅ Harassment

Eligible: Often
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: Harassment is typically a Class B misdemeanor and is eligible for expungement.

⚠️ Robbery

Eligible: Varies
Waiting Period: Varies
Notes: Robbery I and Robbery II are not eligible for expungement under Oregon law. Robbery III may be eligible depending on the record and statutory requirements.

⚠️ Kidnapping

Eligible: Often Not Eligible
Waiting Period: Varies
Notes: Kidnapping offenses are commonly excluded under ORS 137.225(6). Review the exclusions for your specific conviction.

Sex Crimes & Crimes Against Children

⚠️ Sex Offenses (General)

Eligible: Sometimes
Waiting Period: Varies
Notes: Some sex offenses are eligible for set-aside under Oregon law. Sex offender registration status alone does not determine eligibility. Eligibility depends on the statute of conviction and whether the offense is excluded under ORS 137.225(6).

❌ Statutorily Excluded Sex Offenses

Eligible: No
Waiting Period: N/A
Notes: Certain sex offenses and crimes involving minors are specifically excluded from set-aside eligibility under ORS 137.225(6). These exclusions depend on the offense statute, not solely on registration status.

⚠️ Crimes Involving Minors

Eligible: Varies
Waiting Period: Varies
Notes: Some crimes involving minors are excluded from expungement, while others may be eligible depending on the statute and the record. Review the exclusions carefully for your specific conviction.

Public Order Crimes

✅ Disorderly Conduct

Eligible: Often
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: Disorderly conduct is typically a Class B misdemeanor and is eligible for expungement.

✅ Criminal Trespass

Eligible: Often
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: Criminal trespass charges are eligible for expungement.

✅ Resisting Arrest

Eligible: Often
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: Resisting arrest is a Class A misdemeanor and is generally eligible.

✅ Interfering with a Peace Officer

Eligible: Often
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: This charge is typically eligible for expungement.

Weapon Offenses

⚠️ Unlawful Possession of a Firearm

Eligible: Sometimes
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: Eligibility depends on the specific circumstances and statute. Some firearm offenses are Class A felonies and are not eligible. Class C felony firearm possession may be eligible but could face DA objections.

✅ Carrying a Concealed Weapon (Misdemeanor)

Eligible: Often
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: Misdemeanor weapons charges are generally eligible for expungement.

White Collar / Fraud Crimes

✅ Fraud (Check Fraud, Credit Card Fraud)

Eligible: Often
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: Most fraud charges are Class C felonies or misdemeanors and are eligible for expungement.

✅ Issuance of Bad Checks

Eligible: Often
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: Eligible for expungement after the waiting period.

✅ False Information to Police

Eligible: Often
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: This misdemeanor charge is generally eligible.

Other Common Offenses

✅ Contempt of Court

Eligible: Often
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: Criminal contempt charges are eligible for expungement.

✅ Failure to Appear

Eligible: Often
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: Failure to appear charges are typically misdemeanors and are eligible.

✅ Menacing

Eligible: Often
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: Menacing is a Class A misdemeanor and is generally eligible.

✅ Minor in Possession of Alcohol (MIP)

Eligible: Often
Waiting Period: Varies (depends on offense classification and statutory requirements)
Notes: MIP charges are violations or misdemeanors and are eligible for expungement.

Summary: Quick Eligibility Reference